E (A Child), Re

E (A Child), Re

This was not a 'single issue' case but one involving a wider context of multiple injuries over time in a stressed household. The judge was entitled to find that the interim threshold under S.38 Children Act 1989 was met, as the mother's failure to notice or act upon the injuries to C amounted to culpability sufficient to justify the interim care order for M.

Parties
Appellant: Mother; Respondent (local Authority): Manchester City Council; Respondent: Father; Respondent: Guardian
Jurisdiction
England and Wales
Judgment Date
04 November 2014
Procedural Posture
Appeal (family Law Child Protection) / Appeal Against Interim Care Order
Outcome
Appeal dismissed
Legal Topics
Interim Care Orders, Threshold Criteria, Parental Responsibility, Significant Harm, Findings of Fact
Family Law Child Protection Interim Care Orders Threshold Criteria Parental Responsibility Significant Harm Findings of Fact

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Parties

Mother

Appellant

Manchester City Council

Respondent (local Authority)

Father

Respondent

Guardian

Respondent

Procedural Posture

Appeal (family Law Child Protection) / Appeal Against Interim Care Order

Legal Issues

  1. 1 Whether the interim care order threshold under S.38 Children Act 1989 was met in respect of M, the newborn child, given the findings regarding injuries to her sibling C and the absence of a specific finding against the mother as perpetrator.
  2. 2 Whether the judge's findings and reasoning were sufficient to justify the interim care order and whether the case fell within the 'single issue' category as discussed in Re S-B and Re J.

Ratio Decidendi

This was not a 'single issue' case but one involving a wider context of multiple injuries over time in a stressed household. The judge was entitled to find that the interim threshold under S.38 Children Act 1989 was met, as the mother's failure to notice or act upon the injuries to C amounted to culpability sufficient to justify the interim care order for M.

Court Disposition

Appeal dismissed

Orders

  • Interim care order for M upheld
  • Case to proceed with focus on interim care plan and parental contact