The Local Authority v The Mother & Ors

The Local Authority v The Mother & Ors

The court found, on the balance of probabilities, that the salt contamination of D's milk was caused by accidental contamination by C while unsupervised, not by deliberate act of the mother. The mother failed to protect the children by not adequately supervising C, using contaminated milk, and not seeking prompt medical attention when D was unwell. However, it was not established that the mother continued to feed D contaminated milk when it was or ought to have been obvious she should not.

Parties
Applicant: The Local Authority; 1st Respondent: The Mother; 2nd Respondent: X; 3rd & 4th Respondents: C & D (by their Children's Guardian Ms Nicola Murphy)
Jurisdiction
England and Wales
Judgment Date
07 January 2024
Procedural Posture
Care Proceedings (fact Finding Hearing) / Judgment After Fact Finding Hearing
Outcome
Findings of failure to protect established; no finding of deliberate contamination by the mother.
Legal Topics
Care Proceedings, Failure to Protect, Threshold Criteria, Expert Evidence, Parental Responsibility
Family Law Child Protection Care Proceedings Failure to Protect Threshold Criteria Expert Evidence Parental Responsibility

Case Brief

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Parties

The Local Authority

Applicant

The Mother

1st Respondent

X

2nd Respondent

C & D (by their Children's Guardian Ms Nicola Murphy)

3rd & 4th Respondents

Procedural Posture

Care Proceedings (fact Finding Hearing) / Judgment After Fact Finding Hearing

Legal Issues

  1. 1 What caused the child's hypernatremia?
  2. 2 Did the mother deliberately contaminate the milk with salt?
  3. 3 Did the mother fail to protect the children by inadequate supervision and delayed medical attention?

Ratio Decidendi

The court found, on the balance of probabilities, that the salt contamination of D's milk was caused by accidental contamination by C while unsupervised, not by deliberate act of the mother. The mother failed to protect the children by not adequately supervising C, using contaminated milk, and not seeking prompt medical attention when D was unwell. However, it was not established that the mother continued to feed D contaminated milk when it was or ought to have been obvious she should not.

Court Disposition

Findings of failure to protect established; no finding of deliberate contamination by the mother.

Orders

  • Facts as agreed and found to be recited in the order to inform future support for the mother and children.
  • Ongoing intensive support for the mother recommended to address safeguarding issues.