X (A child), Re

X (A child), Re

The totality of the written and expert evidence satisfies the court that it is most likely X suffered all his injuries as a result of an accidental fall from a cardboard box, and the threshold for care proceedings is not met. Permission to withdraw is granted as the evidence does not support a finding of inflicted injury or parental culpability.

Parties
Applicant: Warwickshire County Council; 1st Respondent: H; 2nd Respondent: A; 3rd Respondent: X (A child acting through his Children’s Guardian)
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Care Proceedings Under the Children Act 1989 / Application to Withdraw Care Proceedings Before Fact Finding Hearing
Outcome
Permission granted to withdraw care proceedings; threshold not met; no findings of inflicted injury or parental culpability.
Legal Topics
Care Proceedings, Withdrawal of Proceedings, Threshold Criteria, Medical Evidence in Child Injury Cases
Family Law Child Protection Care Proceedings Withdrawal of Proceedings Threshold Criteria Medical Evidence in Child Injury Cases

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Parties

Warwickshire County Council

Applicant

H

1st Respondent

A

2nd Respondent

X (A child acting through his Children’s Guardian)

3rd Respondent

Procedural Posture

Care Proceedings Under the Children Act 1989 / Application to Withdraw Care Proceedings Before Fact Finding Hearing

Legal Issues

  1. 1 Whether the threshold criteria under s31 Children Act 1989 are met for care proceedings to continue
  2. 2 Whether the injuries sustained by X were accidental or non-accidental
  3. 3 Whether the local authority should be granted permission to withdraw care proceedings

Ratio Decidendi

The totality of the written and expert evidence satisfies the court that it is most likely X suffered all his injuries as a result of an accidental fall from a cardboard box, and the threshold for care proceedings is not met. Permission to withdraw is granted as the evidence does not support a finding of inflicted injury or parental culpability.

Court Disposition

Permission granted to withdraw care proceedings; threshold not met; no findings of inflicted injury or parental culpability.

Orders

  • Permission granted to Warwickshire County Council to withdraw care proceedings.
  • Child In Need plan to support reunification of X with parents, subject to police bail conditions.