W (A Child) (Inflicted Injury) (Delay)

W (A Child) (Inflicted Injury) (Delay)

The judge erred by compartmentalising medical evidence, failing to consider the cumulative impact of factors contributing to bone fragility, and not properly assessing the credibility of the parents and grandparents. The evidence did not establish on the balance of probabilities that the tibial fractures were inflicted injuries, and the threshold criteria for care orders under section 31(2) Children Act 1989 were not satisfied.

Parties
Appellant: Mother; 1st Respondent: Local Authority; 2nd Respondent: Father; 3rd Respondent: Child’s Guardian
Jurisdiction
England and Wales
Judgment Date
12 September 2024
Procedural Posture
Appeal / Judgment on Appeal From Family Court Findings of Fact in Care Proceedings
Outcome
Appeal allowed; findings of inflicted injury set aside; threshold criteria not satisfied; proceedings discontinued.
Legal Topics
Care Proceedings, Threshold Criteria, Inflicted Injury, Bone Fragility, Expert Evidence, Delay in Proceedings
Family Law Child Protection Care Proceedings Threshold Criteria Inflicted Injury Bone Fragility Expert Evidence Delay in Proceedings

Case Brief

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Parties

Mother

Appellant

Local Authority

1st Respondent

Father

2nd Respondent

Child’s Guardian

3rd Respondent

Procedural Posture

Appeal / Judgment on Appeal From Family Court Findings of Fact in Care Proceedings

Legal Issues

  1. 1 Whether the threshold criteria under section 31(2) Children Act 1989 were satisfied
  2. 2 Whether the tibial fractures sustained by W were inflicted injuries or attributable to bone fragility
  3. 3 Whether the judge erred in compartmentalising medical evidence and failing to consider cumulative impact

Ratio Decidendi

The judge erred by compartmentalising medical evidence, failing to consider the cumulative impact of factors contributing to bone fragility, and not properly assessing the credibility of the parents and grandparents. The evidence did not establish on the balance of probabilities that the tibial fractures were inflicted injuries, and the threshold criteria for care orders under section 31(2) Children Act 1989 were not satisfied.

Court Disposition

Appeal allowed; findings of inflicted injury set aside; threshold criteria not satisfied; proceedings discontinued.

Orders

  • Interim care order discharged
  • Proceedings discontinued