T And M (Children: Fact Finding: Physical Injury)

T And M (Children: Fact Finding: Physical Injury)

The court found, on the balance of probabilities, that A's injuries were caused by severe inflicted trauma by one or both parents, not by natural causes. The evidence was insufficient to identify the perpetrator. Both parents failed to protect A and colluded to suppress the truth. The threshold for care proceedings under s.31 Children Act 1989 was crossed for all children.

Parties
Applicant: Local Authority; Mother: KT; Father: OS; Children's Guardian: Children's Guardian
Jurisdiction
England and Wales
Judgment Date
19 November 2013
Procedural Posture
Care Proceedings / Fact Finding Judgment
Outcome
Threshold for care proceedings crossed; findings of inflicted injury and failure to protect; perpetrator not identified.
Legal Topics
Non Accidental Injury, Identification of Perpetrator, Failure to Protect, Threshold Criteria Under S.31 Children Act 1989
Family Law Child Protection Non Accidental Injury Identification of Perpetrator Failure to Protect Threshold Criteria Under S.31 Children Act 1989

Case Brief

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Parties

Local Authority

Applicant

KT

Mother

OS

Father

Children's Guardian

Children's Guardian

Procedural Posture

Care Proceedings / Fact Finding Judgment

Legal Issues

  1. 1 Whether A's injuries were caused by inflicted trauma or natural causes
  2. 2 Identification of perpetrator responsible for A's injuries
  3. 3 Failure to protect by non-perpetrating parent

Ratio Decidendi

The court found, on the balance of probabilities, that A's injuries were caused by severe inflicted trauma by one or both parents, not by natural causes. The evidence was insufficient to identify the perpetrator. Both parents failed to protect A and colluded to suppress the truth. The threshold for care proceedings under s.31 Children Act 1989 was crossed for all children.

Court Disposition

Threshold for care proceedings crossed; findings of inflicted injury and failure to protect; perpetrator not identified.

Orders

  • Public law order to be made for all children
  • Neither parent exonerated; both found to have failed to protect