D (A Child), Re (Rev 1)

D (A Child), Re (Rev 1)

On the balance of probabilities, the injuries sustained by M on 19 April 2016 were caused by non-accidental trauma, specifically shaking, inflicted by the father during a momentary loss of control. This conclusion is supported by unanimous expert medical evidence, the absence of any plausible alternative explanation, and the unreliability of the father's account. The threshold for a care order under s.31(2) Children Act 1989 is met.

Parties
Applicant: Warwickshire County Council; 1st Respondent: ID; 2nd Respondent: ML; 3rd Respondent: D (a child by the child’s guardian, Julie Shaw)
Jurisdiction
England and Wales
Judgment Date
29 November 2017
Procedural Posture
Care Proceedings (children Act 1989) / Fact Finding Judgment and Final Care Order
Outcome
Findings of non-accidental injury against the father; final care order made for the child M.
Legal Topics
Non Accidental Injury, Care Orders, Fact Finding Hearings, Burden of Proof, Expert Medical Evidence, Threshold Criteria, Welfare Analysis
Family Law Child Protection Non Accidental Injury Care Orders Fact Finding Hearings Burden of Proof Expert Medical Evidence Threshold Criteria +1 more

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Parties

Warwickshire County Council

Applicant

ID

1st Respondent

ML

2nd Respondent

D (a child by the child’s guardian, Julie Shaw)

3rd Respondent

Procedural Posture

Care Proceedings (children Act 1989) / Fact Finding Judgment and Final Care Order

Legal Issues

  1. 1 Whether the injuries sustained by the child M on 19 April 2016 were caused by non-accidental trauma and, if so, whether the father was the perpetrator; Whether the threshold for a care order under s.31(2) Children Act 1989 was met; Whether the injuries could be explained by an unknown or organic cause; Appropriate welfare disposal for the child

Ratio Decidendi

On the balance of probabilities, the injuries sustained by M on 19 April 2016 were caused by non-accidental trauma, specifically shaking, inflicted by the father during a momentary loss of control. This conclusion is supported by unanimous expert medical evidence, the absence of any plausible alternative explanation, and the unreliability of the father's account. The threshold for a care order under s.31(2) Children Act 1989 is met.

Court Disposition

Findings of non-accidental injury against the father; final care order made for the child M.

Orders

  • Final care order in favour of the local authority for M.
  • Therapeutic work with both parents to continue.