T (A Child)

T (A Child)

The judge was entitled to find that all injuries were non-accidental, that neither parent could be excluded as a perpetrator of the more serious injuries, and that the mother failed to protect the child. The judge was not plainly wrong in refusing to acquit the mother as a perpetrator or in his assessment of the evidence. The appeal was dismissed.

Parties
Subject Child: T (A Child); Appellant: Mother; Respondent: Father; Respondent: Local Authority
Jurisdiction
England and Wales
Judgment Date
20 November 2009
Procedural Posture
Care Proceedings (child Protection) / Application for Permission to Appeal and Appeal Against Fact Finding Judgment
Outcome
Appeal dismissed; permission to appeal granted but appeal fails on merits.
Legal Topics
Non Accidental Injury, Identification of Perpetrator, Failure to Protect, Standard of Proof in Care Proceedings
Family Law Child Protection Non Accidental Injury Identification of Perpetrator Failure to Protect Standard of Proof in Care Proceedings

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Parties

T (A Child)

Subject Child

Mother

Appellant

Father

Respondent

Local Authority

Respondent

Procedural Posture

Care Proceedings (child Protection) / Application for Permission to Appeal and Appeal Against Fact Finding Judgment

Legal Issues

  1. 1 Whether the trial judge erred in finding both parents within the pool of perpetrators for non-accidental injuries to the child
  2. 2 Whether the mother should have been acquitted of participation in or failure to protect the child from harm
  3. 3 Whether the judge misapplied the standard of proof or failed to properly weigh the evidence

Ratio Decidendi

The judge was entitled to find that all injuries were non-accidental, that neither parent could be excluded as a perpetrator of the more serious injuries, and that the mother failed to protect the child. The judge was not plainly wrong in refusing to acquit the mother as a perpetrator or in his assessment of the evidence. The appeal was dismissed.

Court Disposition

Appeal dismissed; permission to appeal granted but appeal fails on merits.

Orders

  • Mother remains within the pool of possible perpetrators for the purposes of welfare/risk assessment.
  • Mother found to have failed to protect the child.