NH v A County Council & Ors

NH v A County Council & Ors

The judge's exoneration of the mother and attribution of all injuries to the father was unsound, particularly in light of the mother's admission to causing the torn frenulum and the evidence regarding bruising to R. The only proper finding was that neither parent could be excluded as a possible perpetrator of the injuries to either child, except for the torn frenulum, which was caused by the mother.

Parties
Appellant: NH; 1st Respondent: County Council; 2nd Respondent: NH; 3rd Respondent: RD & SD (Children)
Jurisdiction
England and Wales
Judgment Date
04 June 2009
Procedural Posture
Care Proceedings (children Act 1989) / Appeal From Fact Finding Hearing
Outcome
Appeal allowed
Legal Topics
Care Proceedings, Non Accidental Injury, Standard of Proof, Identification of Perpetrator, Split Hearings, Welfare of the Child
Family Law Child Protection Care Proceedings Non Accidental Injury Standard of Proof Identification of Perpetrator Split Hearings Welfare of the Child

Case Brief

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Parties

NH

Appellant

County Council

1st Respondent

NH

2nd Respondent

RD & SD (Children)

3rd Respondent

Procedural Posture

Care Proceedings (children Act 1989) / Appeal From Fact Finding Hearing

Legal Issues

  1. 1 Whether the trial judge erred in finding the father as sole perpetrator of injuries to the children
  2. 2 Whether the mother could be excluded as a possible perpetrator
  3. 3 Proper application of the standard of proof in identifying perpetrators in care proceedings

Ratio Decidendi

The judge's exoneration of the mother and attribution of all injuries to the father was unsound, particularly in light of the mother's admission to causing the torn frenulum and the evidence regarding bruising to R. The only proper finding was that neither parent could be excluded as a possible perpetrator of the injuries to either child, except for the torn frenulum, which was caused by the mother.

Court Disposition

Appeal allowed

Orders

  • Finding that the father was sole perpetrator set aside
  • Substituted finding that neither parent can be excluded as possible perpetrator of injuries to either child