Warwickshire County Council v K, L and M (Children) (4-6)

Warwickshire County Council v K, L and M (Children) (4-6)

The court was not satisfied on the balance of probabilities that either parent inflicted the injury to M. There were multiple plausible medical explanations for increased bone fragility, including prematurity, poor nutrition, possible liver or kidney problems, and side effects of prescribed medications. The threshold criteria under section 31(2) Children Act 1989 were not met.

Parties
Applicant: Warwickshire County Council; First Respondent (mother): AQ; Second Respondent (father of L): CR; Third Respondent (father of M): BP; Fourth, Fifth and Sixth Respondents: K, L and M (Children)
Jurisdiction
England and Wales
Judgment Date
14 August 2020
Procedural Posture
Care Proceedings (children Act 1989) / Fact Finding Hearing
Outcome
Threshold not met; no findings of inflicted injury against parents.
Legal Topics
Care Proceedings, Non Accidental Injury, Threshold Criteria, Expert Medical Evidence, Burden of Proof
Family Law Child Protection Care Proceedings Non Accidental Injury Threshold Criteria Expert Medical Evidence Burden of Proof

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Parties

Warwickshire County Council

Applicant

AQ

First Respondent (mother)

CR

Second Respondent (father of L)

BP

Third Respondent (father of M)

K, L and M (Children)

Fourth, Fifth and Sixth Respondents

Procedural Posture

Care Proceedings (children Act 1989) / Fact Finding Hearing

Legal Issues

  1. 1 Whether M's rib fracture was caused by non-accidental injury or other medical causes
  2. 2 Whether threshold criteria under section 31(2) Children Act 1989 are met
  3. 3 Whether either parent can be found responsible for the injury

Ratio Decidendi

The court was not satisfied on the balance of probabilities that either parent inflicted the injury to M. There were multiple plausible medical explanations for increased bone fragility, including prematurity, poor nutrition, possible liver or kidney problems, and side effects of prescribed medications. The threshold criteria under section 31(2) Children Act 1989 were not met.

Court Disposition

Threshold not met; no findings of inflicted injury against parents.

Orders

  • No care or supervision order made.
  • Proceedings concluded; family to focus on recovery.