X, T, A, E and S (Children), Re

X, T, A, E and S (Children), Re

The judge's findings attributing T's self-harming to parental conduct and emotional harm were not open at the fact-finding stage as they were not pleaded, not put to the parents, and lacked expert evidence on causation. The findings regarding inflicted injuries and pool of perpetrators were properly based on expert evidence and were open to the judge. The appeal is allowed in part, setting aside findings on causation of self-harming, with the remainder of the findings upheld.

Parties
Appellant: SS; Appellant: DB; Respondent: A Local Authority; Respondent: DH; Respondent: MS; Respondent: X, T, A, E and S (by their children’s guardian)
Jurisdiction
England and Wales
Judgment Date
11 December 2020
Procedural Posture
Care Proceedings / Appeal From Fact Finding Judgment
Outcome
Appeal allowed in part; findings attributing T's self-harming to parental conduct and emotional harm set aside; remainder of findings upheld; case remitted to Judge Clarke for welfare hearing.
Legal Topics
Care Proceedings, Emotional Harm, Physical Harm, Pool of Perpetrators, Self Harming, Fact Finding, Appeal
Family Law Child Protection Care Proceedings Emotional Harm Physical Harm Pool of Perpetrators Self Harming Fact Finding +1 more

Case Brief

Summary, issues, holding and outcome

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Parties

SS

Appellant

DB

Appellant

A Local Authority

Respondent

DH

Respondent

MS

Respondent

X, T, A, E and S (by their children’s guardian)

Respondent

Procedural Posture

Care Proceedings / Appeal From Fact Finding Judgment

Legal Issues

  1. 1 Whether the judge's findings regarding the cause of T's injuries (self-inflicted or inflicted by adults) were properly reasoned
  2. 2 Whether the judge erred in attributing T's self-harming to the conduct of the parents
  3. 3 Whether the judge correctly identified the pool of perpetrators for inflicted injuries

Ratio Decidendi

The judge's findings attributing T's self-harming to parental conduct and emotional harm were not open at the fact-finding stage as they were not pleaded, not put to the parents, and lacked expert evidence on causation. The findings regarding inflicted injuries and pool of perpetrators were properly based on expert evidence and were open to the judge. The appeal is allowed in part, setting aside findings on causation of self-harming, with the remainder of the findings upheld.

Court Disposition

Appeal allowed in part; findings attributing T's self-harming to parental conduct and emotional harm set aside; remainder of findings upheld; case remitted to Judge Clarke for welfare hearing.

Orders

  • Findings at paragraph 188.5 and 188.6 of the judgment set aside.
  • Case remitted to Judge Clarke for determination of causes of T's self-harming at welfare hearing.