AA, Re

AA, Re

The local authority failed to prove on the balance of probabilities that either parent inflicted injuries on AA or failed to protect her. The medical evidence was not sufficiently clear or unequivocal to override the totality of evidence indicating the parents were loving and concerned, with no evidence of ill intent or opportunity. The threshold criteria under s.31 Children Act 1989 are not met.

Parties
Applicant: Northamptonshire Local Authority; Mother/respondent: BB; Father/respondent: DD; Child/subject: AA
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Care Proceedings (children Act 1989) / Fact Finding Judgment
Outcome
All findings sought by the local authority are refused; threshold not met.
Legal Topics
Non Accidental Injury, Threshold Criteria, Expert Evidence, Standard of Proof, Fact Finding, Failure to Protect
Family Law Child Protection Non Accidental Injury Threshold Criteria Expert Evidence Standard of Proof Fact Finding Failure to Protect

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Parties

Northamptonshire Local Authority

Applicant

BB

Mother/respondent

DD

Father/respondent

AA

Child/subject

Procedural Posture

Care Proceedings (children Act 1989) / Fact Finding Judgment

Legal Issues

  1. 1 Whether AA's injuries (bruises and rib fractures) were non-accidental and inflicted by a parent
  2. 2 Whether either parent failed to protect AA from harm
  3. 3 Whether the threshold criteria under s.31 Children Act 1989 are met

Ratio Decidendi

The local authority failed to prove on the balance of probabilities that either parent inflicted injuries on AA or failed to protect her. The medical evidence was not sufficiently clear or unequivocal to override the totality of evidence indicating the parents were loving and concerned, with no evidence of ill intent or opportunity. The threshold criteria under s.31 Children Act 1989 are not met.

Court Disposition

All findings sought by the local authority are refused; threshold not met.

Orders

  • No findings of inflicted injury or failure to protect are made against either parent.
  • No threshold finding under s.31 Children Act 1989; proceedings to conclude.