Wakefield Metropolitan District Council v HR & Ors

Wakefield Metropolitan District Council v HR & Ors

The court found that S suffered non-accidental injuries on both 15th December 2017 and 19th January 2018, caused by shaking and gripping, and that the father was responsible for both assaults. The mother was not found to have inflicted the injuries but was found to have caused significant harm by delaying seeking medical help on 19th January. The threshold for care proceedings was met for both parents.

Parties
Applicant: Wakefield Metropolitan District Council; First Respondent (mother): HR; Second Respondent (father): IH; Subject Child (via Children's Guardian): The Child (S)
Jurisdiction
England and Wales
Judgment Date
27 November 2020
Procedural Posture
Care Proceedings (family Law) / Judgment on Fact Finding Hearing
Outcome
Findings of fact made; threshold for care proceedings met for both parents.
Legal Topics
Non Accidental Injury, Care Proceedings, Threshold Criteria, Parental Responsibility, Medical Evidence in Child Protection
Family Law Child Protection Non Accidental Injury Care Proceedings Threshold Criteria Parental Responsibility Medical Evidence in Child Protection

Case Brief

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Parties

Wakefield Metropolitan District Council

Applicant

HR

First Respondent (mother)

IH

Second Respondent (father)

The Child (S)

Subject Child (via Children's Guardian)

Procedural Posture

Care Proceedings (family Law) / Judgment on Fact Finding Hearing

Legal Issues

  1. 1 Whether the injuries to the child S were non-accidental and inflicted by a parent
  2. 2 Which parent was responsible for the injuries on 15th December 2017 and 19th January 2018
  3. 3 Whether the threshold criteria under s.31 Children Act 1989 are met for both parents

Ratio Decidendi

The court found that S suffered non-accidental injuries on both 15th December 2017 and 19th January 2018, caused by shaking and gripping, and that the father was responsible for both assaults. The mother was not found to have inflicted the injuries but was found to have caused significant harm by delaying seeking medical help on 19th January. The threshold for care proceedings was met for both parents.

Court Disposition

Findings of fact made; threshold for care proceedings met for both parents.

Orders

  • A copy of the judgment to be sent to the Chief Executive of Pinderfields Hospital for investigation into missed medical warning signs.
  • Further hearing to determine the future of the sibling R.