EFG (A Child : Care proceedings) [2019] EWFC B71 (04 July 2019)

EFG (A Child : Care proceedings) [2019] EWFC B71 (04 July 2019)

The court found, on the balance of probabilities, that E-F suffered non-accidental injuries (facial bruise, bone fractures, severe brain injuries) caused by a series of episodes involving excessive force (shaking and/or impact) while in the sole care of either parent. Both parents had opportunity and motive, neither...

Source-derived case information.

Citation
[2019] EWFC B71
Parties
Applicant: X Council; First Respondent: A Mother (LG); Second Respondent: A Father (RG); Third Respondent (child, by Guardian): EFG (E-F)
Jurisdiction
England and Wales
Judgment Date
04 July 2019
Procedural Posture
Care Proceedings (public Law, Child Protection) / Combined Fact Finding and Welfare Hearing
Outcome
Threshold for significant harm met; both parents included in pool of perpetrators; E-F to remain in foster care under interim care order; further assessment required before final disposal.
Legal Topics
Care Proceedings, Non Accidental Injury, Threshold Criteria, Pool of Perpetrators, Fact Finding, Welfare Assessment
Family Law Child Protection Care Proceedings Non Accidental Injury Threshold Criteria Pool of Perpetrators Fact Finding Welfare Assessment

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Parties

X Council

Applicant

A Mother (LG)

First Respondent

A Father (RG)

Second Respondent

EFG (E-F)

Third Respondent (child, by Guardian)

Procedural Posture

Care Proceedings (public Law, Child Protection) / Combined Fact Finding and Welfare Hearing

Legal Issues

  1. 1 Whether threshold criteria under Children Act 1989, section 31 are met for E-F
  2. 2 Whether E-F suffered non-accidental injuries and, if so, by whom
  3. 3 Identification of pool of perpetrators for inflicted injuries

Ratio Decidendi

The court found, on the balance of probabilities, that E-F suffered non-accidental injuries (facial bruise, bone fractures, severe brain injuries) caused by a series of episodes involving excessive force (shaking and/or impact) while in the sole care of either parent. Both parents had opportunity and motive, neither could be excluded, and both fell within the pool of perpetrators. The threshold for significant harm under s.31 Children Act 1989 was met. The parents' evidence was found unreliable and dishonest, and the home environment was volatile and abusive, further supporting the risk of harm.

Court Disposition

Threshold for significant harm met; both parents included in pool of perpetrators; E-F to remain in foster care under interim care order; further assessment required before final disposal.

Orders

  • Interim care order for E-F to remain in foster care
  • Further assessment of parental capacity and risk before final care plan