Slough Children First v Mother & Ors

Slough Children First v Mother & Ors

The Local Authority failed to prove on the balance of probabilities that either parent used force beyond that which it would be reasonable for a parent to use in causing the child’s fractures. The medical evidence was uncertain as to the force required given the child’s vitamin D deficiency, and inconsistencies in parental recall did not amount to deliberate untruths pointing to guilt. The parents did not unreasonably delay seeking medical attention, nor did either parent fail to protect the child.

Parties
Applicant: Slough Children First; First Respondent: Mother; Second Respondent: Father; Third Respondent: SK (The Child)
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Care Proceedings (family) / Fact Finding Judgment
Outcome
Findings of fact made; threshold not crossed for non-accidental injury or unreasonable parental care.
Legal Topics
Care Orders, Non Accidental Injury, Threshold Criteria, Expert Evidence, Parental Responsibility
Family Law Child Protection Care Orders Non Accidental Injury Threshold Criteria Expert Evidence Parental Responsibility

Case Brief

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Parties

Slough Children First

Applicant

Mother

First Respondent

Father

Second Respondent

SK (The Child)

Third Respondent

Procedural Posture

Care Proceedings (family) / Fact Finding Judgment

Legal Issues

  1. 1 Whether the child suffered significant harm attributable to parental care not being reasonable under s.31(2) Children Act 1989
  2. 2 Whether the injuries were non-accidental and, if so, by whom
  3. 3 Whether the parents failed to seek timely medical attention

Ratio Decidendi

The Local Authority failed to prove on the balance of probabilities that either parent used force beyond that which it would be reasonable for a parent to use in causing the child’s fractures. The medical evidence was uncertain as to the force required given the child’s vitamin D deficiency, and inconsistencies in parental recall did not amount to deliberate untruths pointing to guilt. The parents did not unreasonably delay seeking medical attention, nor did either parent fail to protect the child.

Court Disposition

Findings of fact made; threshold not crossed for non-accidental injury or unreasonable parental care.

Orders

  • No finding of non-accidental injury against either parent.
  • No finding of unreasonable delay in seeking medical attention.