B (children) , Re

B (children) , Re

The judge's finding of non-accidental injury was not supported by sufficiently cogent evidence to overcome the inherent improbability of the allegation, particularly in light of the positive family background and the lack of evaluation of differences in expert medical evidence. Additionally, the finding of dishonesty against the mother was procedurally unfair as it was not put to her for response. The local authority did not discharge the burden of proof, and the supervision order must be discharged.

Parties
Appellant: Mother; Appellant: Father; Respondent: Devon County Council
Jurisdiction
England and Wales
Judgment Date
21 June 2006
Procedural Posture
Appeal / Judgment on Appeal From Fact Finding and Supervision Order in Care Proceedings
Outcome
Appeal allowed
Legal Topics
Care Proceedings, Non Accidental Injury, Standard of Proof, Procedural Fairness
Family Law Child Protection Care Proceedings Non Accidental Injury Standard of Proof Procedural Fairness

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

Mother

Appellant

Father

Appellant

Devon County Council

Respondent

Procedural Posture

Appeal / Judgment on Appeal From Fact Finding and Supervision Order in Care Proceedings

Legal Issues

  1. 1 Whether the finding of non-accidental injury to the child J was justified on the balance of probabilities
  2. 2 Whether the judge's finding regarding the mother's credibility and alleged dishonesty was procedurally fair
  3. 3 Whether the evidence was sufficiently cogent to support the finding of non-accidental injury

Ratio Decidendi

The judge's finding of non-accidental injury was not supported by sufficiently cogent evidence to overcome the inherent improbability of the allegation, particularly in light of the positive family background and the lack of evaluation of differences in expert medical evidence. Additionally, the finding of dishonesty against the mother was procedurally unfair as it was not put to her for response. The local authority did not discharge the burden of proof, and the supervision order must be discharged.

Court Disposition

Appeal allowed

Orders

  • Supervision order discharged