A (A Child), Re

A (A Child), Re

The court found, on the balance of probabilities, that A’s injuries were caused by trauma while in the sole care of her father around 3:15 am on 12 March 2011. The injuries were at the lower end of the scale for non-accidental head injuries and likely resulted from careless or naïve handling, possibly a low-level fall, rather than deliberate abuse. The mother was absolved of responsibility, and there was no evidence she failed to protect A.

Parties
Applicant: Wiltshire Council; First Respondent: N; Second Respondent: J; Third Respondent: A (by her children’s guardian)
Jurisdiction
England and Wales
Judgment Date
01 July 2013
Procedural Posture
Care Proceedings / Fact Finding Retrial
Outcome
Findings of fact made; mother absolved; father found responsible for injuries through careless handling; directions for future care planning to be made.
Legal Topics
Non Accidental Injury, Care Orders, Learning Difficulties and Parental Capacity, Expert Medical Evidence, Burden of Proof in Care Proceedings
Family Law Child Protection Non Accidental Injury Care Orders Learning Difficulties and Parental Capacity Expert Medical Evidence Burden of Proof in Care Proceedings

Case Brief

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Parties

Wiltshire Council

Applicant

N

First Respondent

J

Second Respondent

A (by her children’s guardian)

Third Respondent

Procedural Posture

Care Proceedings / Fact Finding Retrial

Legal Issues

  1. 1 Whether the injuries sustained by child A were non-accidental
  2. 2 Identification of the perpetrator of the injuries
  3. 3 Assessment of parental responsibility and capacity

Ratio Decidendi

The court found, on the balance of probabilities, that A’s injuries were caused by trauma while in the sole care of her father around 3:15 am on 12 March 2011. The injuries were at the lower end of the scale for non-accidental head injuries and likely resulted from careless or naïve handling, possibly a low-level fall, rather than deliberate abuse. The mother was absolved of responsibility, and there was no evidence she failed to protect A.

Court Disposition

Findings of fact made; mother absolved; father found responsible for injuries through careless handling; directions for future care planning to be made.

Orders

  • Findings to inform care planning for A
  • No criticism of mother; restoration of A to mother's care anticipated