X County Council v AB & CD

X County Council v AB & CD

The court found, on the balance of probabilities, that the father (CD) perpetrated repeated and deliberate assaults on H, causing all her injuries, and that the mother (AB) knew of the abuse, lied to protect the father, and grossly failed to protect H, but did not directly inflict injuries herself. The father's...

Source-derived case information.

Parties
Applicant: X County Council; First Respondent (mother): AB; Second Respondent (father): CD; Third Respondent (child): H (by her children's guardian)
Jurisdiction
England and Wales
Judgment Date
07 May 2015
Procedural Posture
Care Proceedings (fact Finding Hearing) / Judgment After Fact Finding Hearing
Outcome
Findings of fact made: father perpetrated all injuries; mother failed to protect; father excluded as carer; mother not ruled out as future carer at this stage.
Legal Topics
Non Accidental Injury, Care Proceedings, Parental Responsibility, Failure to Protect, Child Abuse, Expert Medical Evidence
Family Law Child Protection Non Accidental Injury Care Proceedings Parental Responsibility Failure to Protect Child Abuse Expert Medical Evidence

Source-derived case record

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Parties

X County Council

Applicant

AB

First Respondent (mother)

CD

Second Respondent (father)

H (by her children's guardian)

Third Respondent (child)

Procedural Posture

Care Proceedings (fact Finding Hearing) / Judgment After Fact Finding Hearing

Legal Issues

  1. 1 How and by whom were the injuries to H sustained?
  2. 2 Whether the mother failed to protect H from harm?
  3. 3 Whether the father or his alleged alter-ego 'M' perpetrated the abuse?

Ratio Decidendi

The court found, on the balance of probabilities, that the father (CD) perpetrated repeated and deliberate assaults on H, causing all her injuries, and that the mother (AB) knew of the abuse, lied to protect the father, and grossly failed to protect H, but did not directly inflict injuries herself. The father's claim that his alter-ego 'M' was responsible was rejected as a ruse to deflect blame.

Court Disposition

Findings of fact made: father perpetrated all injuries; mother failed to protect; father excluded as carer; mother not ruled out as future carer at this stage.