A Child (Threshold: Inflicted Injury and Domestic Abuse)

A Child (Threshold: Inflicted Injury and Domestic Abuse)

The court found, on the balance of probabilities, that the third respondent inflicted serious non-accidental injuries on A in October/November 2018 (rib and scapula fractures, facial bruising) and on 26 November 2018 (abdominal injuries including liver laceration), and that the first respondent failed to protect A from known risk of serious harm from the third respondent. The July 2018 genital injury was found to be accidental. The threshold criteria for state intervention were met.

Parties
Applicant: M County Council; 1st Respondent: First Respondent; 2nd Respondent: Second Respondent; 3rd Respondent: Third Respondent; 4th – 5th Respondents: Children ‘A’ & ‘B’ (by their Children’s Guardian)
Jurisdiction
England and Wales
Judgment Date
21 May 2019
Procedural Posture
Care Proceedings / Fact Finding Judgment
Outcome
Threshold criteria met; findings of fact made; care plan for A approved; further assessment required for B.
Legal Topics
Care Orders, Non Accidental Injury, Domestic Violence, Failure to Protect, Threshold Criteria, Public Law Children Proceedings
Family Law Child Protection Care Orders Non Accidental Injury Domestic Violence Failure to Protect Threshold Criteria Public Law Children Proceedings

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Parties

M County Council

Applicant

First Respondent

1st Respondent

Second Respondent

2nd Respondent

Third Respondent

3rd Respondent

Children ‘A’ & ‘B’ (by their Children’s Guardian)

4th – 5th Respondents

Procedural Posture

Care Proceedings / Fact Finding Judgment

Legal Issues

  1. 1 Whether injuries to child A were accidental or inflicted
  2. 2 Identification of perpetrator(s) of injuries to A
  3. 3 Whether the first respondent failed to protect A from harm

Ratio Decidendi

The court found, on the balance of probabilities, that the third respondent inflicted serious non-accidental injuries on A in October/November 2018 (rib and scapula fractures, facial bruising) and on 26 November 2018 (abdominal injuries including liver laceration), and that the first respondent failed to protect A from known risk of serious harm from the third respondent. The July 2018 genital injury was found to be accidental. The threshold criteria for state intervention were met.

Court Disposition

Threshold criteria met; findings of fact made; care plan for A approved; further assessment required for B.

Orders

  • A to transition to the care of his father (second respondent) under an agreed plan.
  • Further assessments to be conducted regarding B’s placement and the first respondent’s position.