A & B (Fact Finding: Head, Bony, Eye and Soft Tissue Injuries)

A & B (Fact Finding: Head, Bony, Eye and Soft Tissue Injuries)

On the balance of probabilities, the father was found to be the perpetrator of all non-accidental injuries to B (acute and non-acute head injuries, rib and metaphyseal fractures, eye injuries, bruises) by violent shaking and direct force. The mother failed to protect B by not seeking medical attention for bruises...

Source-derived case information.

Parties
Applicant: Staffordshire County Council; 1st Respondent: Mother; 2nd Respondent: Father of A; 3rd Respondent: Father of B; Children: A & B (children, by Children’s Guardian); 4th Respondent: Paternal Grandmother; 5th Respondent: Family Friend
Jurisdiction
England and Wales
Judgment Date
25 November 2020
Procedural Posture
Care Proceedings / Fact Finding Judgment
Outcome
Findings of fact: father perpetrated all non-accidental injuries to B; mother failed to protect; family friend not found to have failed to protect; paternal grandmother excluded from pool of perpetrators.
Legal Topics
Non Accidental Injury, Failure to Protect, Care Orders, Children Act 1989, Safeguarding, Pool of Perpetrators
Family Law Child Protection Non Accidental Injury Failure to Protect Care Orders Children Act 1989 Safeguarding Pool of Perpetrators

Source-derived case record

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Parties

Staffordshire County Council

Applicant

Mother

1st Respondent

Father of A

2nd Respondent

Father of B

3rd Respondent

A & B (children, by Children’s Guardian)

Children

Paternal Grandmother

4th Respondent

Family Friend

5th Respondent

Procedural Posture

Care Proceedings / Fact Finding Judgment

Legal Issues

  1. 1 Identification of perpetrator(s) of non-accidental injuries to child B
  2. 2 Failure to protect by mother and family friend
  3. 3 Application of pool of perpetrators principle

Ratio Decidendi

On the balance of probabilities, the father was found to be the perpetrator of all non-accidental injuries to B (acute and non-acute head injuries, rib and metaphyseal fractures, eye injuries, bruises) by violent shaking and direct force. The mother failed to protect B by not seeking medical attention for bruises and breathing incidents, and by not safeguarding against the father's mental health risks. The family friend did not fail to protect to the threshold required, but her lack of candour raised safeguarding concerns.

Court Disposition

Findings of fact: father perpetrated all non-accidental injuries to B; mother failed to protect; family friend not found to have failed to protect; paternal grandmother excluded from pool of perpetrators.

Orders

  • Permission granted to disclose comments regarding family friend’s safeguarding to her college.
  • Findings to inform subsequent care proceedings and welfare decisions.