B (A Child), Re [2013] EWCC B9 (Fam) (30 September 2013)

B (A Child), Re [2013] EWCC B9 (Fam) (30 September 2013)

The Local Authority failed to prove on the balance of probabilities that the injuries to B's head were caused by non-accidental injury or by an undisclosed accident for which the mother was culpable. The court found that the medical evidence did not support a finding of inflicted injury, that spontaneous or unknown...

Source-derived case information.

Citation
[2013] EWCC B9 (Fam)
Parties
Applicant: Wakefield City Council; Mother/respondent: Miss C; Father/respondent: D; Subject Child: B (minor child)
Jurisdiction
England and Wales
Judgment Date
30 September 2013
Procedural Posture
Care Proceedings (application for Care Order) / Fact Finding Hearing (causation of Injuries)
Outcome
Application for finding of non-accidental injury dismissed; no finding of parental culpability for the injuries to B's head.
Legal Topics
Care Orders, Non Accidental Injury, Burden of Proof, Threshold Criteria, Medical Causation, Child Welfare
Family Law Child Protection Care Orders Non Accidental Injury Burden of Proof Threshold Criteria Medical Causation Child Welfare

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Parties

Wakefield City Council

Applicant

Miss C

Mother/respondent

D

Father/respondent

B (minor child)

Subject Child

Procedural Posture

Care Proceedings (application for Care Order) / Fact Finding Hearing (causation of Injuries)

Legal Issues

  1. 1 Whether the injuries to B's head were caused by non-accidental injury
  2. 2 Whether the injuries were caused by an accident (disclosed or undisclosed)
  3. 3 Whether the injuries could have a spontaneous or organic cause (e.g. ITP, subgaleal haematoma)

Ratio Decidendi

The Local Authority failed to prove on the balance of probabilities that the injuries to B's head were caused by non-accidental injury or by an undisclosed accident for which the mother was culpable. The court found that the medical evidence did not support a finding of inflicted injury, that spontaneous or unknown causes (including subgaleal haematoma and ITP) could not be excluded, and that the mother's evidence was credible. The burden of proof was not discharged, and no finding of parental culpability was made.

Court Disposition

Application for finding of non-accidental injury dismissed; no finding of parental culpability for the injuries to B's head.

Orders

  • No finding of non-accidental injury or undisclosed accident against the mother.
  • Record the mother's admission and the court's finding regarding the 10 March incident for threshold purposes in future proceedings.