SCC v M & Ors

SCC v M & Ors

On the balance of probabilities, D's injuries were non-accidental and caused by the father in the early hours of Tuesday morning. The evidence does not support A or her sisters being responsible. The threshold for significant harm under Section 31 Children Act is met for all four children, particularly D and A.

Parties
Applicant: SCC; 1st Respondent: M; 2nd Respondent: F; 3rd Respondents: A, B, C & D (by their Children’s Guardian); Child: A (eldest child)
Jurisdiction
England and Wales
Judgment Date
23 May 2014
Procedural Posture
Care Proceedings (children) / Fact Finding Hearing
Outcome
Findings of fact made; threshold for significant harm met under Section 31 Children Act 1989 for all four children.
Legal Topics
Non Accidental Injury, Significant Harm, Section 31 Children Act, Parental Responsibility, Emotional Harm
Family Law Child Protection Non Accidental Injury Significant Harm Section 31 Children Act Parental Responsibility Emotional Harm

Case Brief

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Parties

SCC

Applicant

M

1st Respondent

F

2nd Respondent

A, B, C & D (by their Children’s Guardian)

3rd Respondents

A (eldest child)

Child

Procedural Posture

Care Proceedings (children) / Fact Finding Hearing

Legal Issues

  1. 1 Whether D's injuries were non-accidental and, if so, who caused them
  2. 2 Whether A or her sisters could have caused D's injuries
  3. 3 Whether the threshold for significant harm under Section 31 Children Act is met for all children

Ratio Decidendi

On the balance of probabilities, D's injuries were non-accidental and caused by the father in the early hours of Tuesday morning. The evidence does not support A or her sisters being responsible. The threshold for significant harm under Section 31 Children Act is met for all four children, particularly D and A.

Court Disposition

Findings of fact made; threshold for significant harm met under Section 31 Children Act 1989 for all four children.

Orders

  • Findings that D's injuries were non-accidental and caused by the father.
  • A, B, C, and D are found to have suffered or be at risk of significant harm.