ABC (Children: Overlaying Child), Re

ABC (Children: Overlaying Child), Re

On the balance of probabilities, child D died from asphyxia caused by overlaying or micro-climate during unsafe co-sleeping with intoxicated parents; rib fractures were most likely sustained in at least two episodes of overlaying, not inflicted injury; parents failed to protect despite clear advice, but no intentional harm was found.

Parties
Applicant: The Local Authority; 1st Respondent: The Mother; 2nd Respondent: The Father; 3rd – 5th Respondents: A, B and C (Children by their Children’s Guardian, Pat Foster)
Jurisdiction
England and Wales
Judgment Date
17 August 2020
Procedural Posture
Care Proceedings / Fact Finding and Welfare Hearing
Outcome
Findings of preventable death and failure to protect; rehabilitation of surviving children to parents approved.
Legal Topics
Co Sleeping Risks, Sudden Infant Death, Non Accidental Injury, Threshold Criteria, Failure to Protect
Family Law Child Protection Co Sleeping Risks Sudden Infant Death Non Accidental Injury Threshold Criteria Failure to Protect

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Parties

The Local Authority

Applicant

The Mother

1st Respondent

The Father

2nd Respondent

A, B and C (Children by their Children’s Guardian, Pat Foster)

3rd – 5th Respondents

Procedural Posture

Care Proceedings / Fact Finding and Welfare Hearing

Legal Issues

  1. 1 Cause of death of child D
  2. 2 Circumstances of rib fractures
  3. 3 Failure to protect

Ratio Decidendi

On the balance of probabilities, child D died from asphyxia caused by overlaying or micro-climate during unsafe co-sleeping with intoxicated parents; rib fractures were most likely sustained in at least two episodes of overlaying, not inflicted injury; parents failed to protect despite clear advice, but no intentional harm was found.

Court Disposition

Findings of preventable death and failure to protect; rehabilitation of surviving children to parents approved.

Orders

  • Children A, B, and C to be returned to care of mother, supported by father, under Child in Need Plans.
  • No care or supervision order granted.