A (Children), Re

A (Children), Re

The trial judge was entitled to find that the allegation of non-accidental injury was not proved, having considered both medical evidence and the credibility/context of the mother; the judge applied the correct legal test and explained his reasoning sufficiently.

Parties
Appellant: Local Authority; Respondent: Mother
Jurisdiction
England and Wales
Judgment Date
04 July 2013
Procedural Posture
Care Proceedings / Appeal From Fact Finding Judgment
Outcome
appeal dismissed
Legal Topics
Non Accidental Injury, Balance of Probability, Care Orders, Children Act 1989 S31 Threshold
Family Law Child Protection Non Accidental Injury Balance of Probability Care Orders Children Act 1989 S31 Threshold

Case Brief

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Parties

Local Authority

Appellant

Mother

Respondent

Procedural Posture

Care Proceedings / Appeal From Fact Finding Judgment

Legal Issues

  1. 1 Whether the judge erred in finding that non-accidental injury to child A was not proved
  2. 2 Whether the judge applied the correct legal test (balance of probability)
  3. 3 Whether the judge failed to explain departure from medical evidence

Ratio Decidendi

The trial judge was entitled to find that the allegation of non-accidental injury was not proved, having considered both medical evidence and the credibility/context of the mother; the judge applied the correct legal test and explained his reasoning sufficiently.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed
  • Care orders to expire; local authority to assist voluntary rehabilitation of children to mother's care