X and Y, Re

X and Y, Re

On the balance of probabilities, the father inflicted non-accidental injuries (rib fractures and subconjunctival haemorrhages) on Child B around 18 August 2022. The mother did not cause the injuries and behaved as a reasonable parent in seeking advice and medical attention, though she failed to act with sufficient urgency. The father deliberately misled professionals and the court regarding his mental health and capacity to avoid giving evidence. The threshold criteria for care orders are met due to significant harm suffered by the children through physical injury, emotional harm, neglect, and exposure to domestic discord.

Parties
Applicant: WSCC; Respondent: Mother; Respondent: Father; Respondent: Maternal Grandmother; Respondent: Child A and Child B (by their Children’s Guardian)
Jurisdiction
England and Wales
Judgment Date
27 June 2024
Procedural Posture
Family / Fact Finding Judgment
Outcome
Findings of fact made; threshold for care orders met; children to remain placed with maternal grandmother under interim care orders pending final orders.
Legal Topics
Non Accidental Injury, Care Proceedings, Threshold Criteria, Domestic Abuse, Parental Capacity, Expert Evidence
Family Law Child Protection Non Accidental Injury Care Proceedings Threshold Criteria Domestic Abuse Parental Capacity Expert Evidence

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

WSCC

Applicant

Mother

Respondent

Father

Respondent

Maternal Grandmother

Respondent

Child A and Child B (by their Children’s Guardian)

Respondent

Procedural Posture

Family / Fact Finding Judgment

Legal Issues

  1. 1 Who caused the non-accidental injuries to Child B?
  2. 2 Did either parent fail to protect Child B?
  3. 3 Did the parents provide adequate care and home conditions for the children?

Ratio Decidendi

On the balance of probabilities, the father inflicted non-accidental injuries (rib fractures and subconjunctival haemorrhages) on Child B around 18 August 2022. The mother did not cause the injuries and behaved as a reasonable parent in seeking advice and medical attention, though she failed to act with sufficient urgency. The father deliberately misled professionals and the court regarding his mental health and capacity to avoid giving evidence. The threshold criteria for care orders are met due to significant harm suffered by the children through physical injury, emotional harm, neglect, and exposure to domestic discord.

Court Disposition

Findings of fact made; threshold for care orders met; children to remain placed with maternal grandmother under interim care orders pending final orders.

Orders

  • Findings that the father inflicted non-accidental injuries on Child B.
  • Findings that the mother did not cause the injuries but failed to act with sufficient urgency in seeking medical attention.