H (A CHILD)

H (A CHILD)

The court found, on the balance of probabilities, that the father violently assaulted V on at least four occasions, causing serious injuries and ultimately her death. The mother was exonerated of inflicting injuries but found culpable of a serious failure to protect V, as she ought to have known abuse was occurring...

Source-derived case information.

Parties
Applicant: Z County Council; First Respondent: A Mother; Second Respondent: A Father; Third Respondent: H (by his Children’s Guardian)
Jurisdiction
England and Wales
Judgment Date
31 March 2014
Procedural Posture
Care Proceedings (children Act 1989) / Fact Finding Judgment
Outcome
Findings of fact made: father perpetrated fatal and earlier injuries to V; mother failed to protect V but did not inflict injuries.
Legal Topics
Non Accidental Injury, Care Orders, Failure to Protect, Burden of Proof, Standard of Proof, Identification of Perpetrator
Family Law Child Protection Non Accidental Injury Care Orders Failure to Protect Burden of Proof Standard of Proof Identification of Perpetrator

Source-derived case record

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Parties

Z County Council

Applicant

A Mother

First Respondent

A Father

Second Respondent

H (by his Children’s Guardian)

Third Respondent

Procedural Posture

Care Proceedings (children Act 1989) / Fact Finding Judgment

Legal Issues

  1. 1 How did V sustain her injuries and death?
  2. 2 Who was the perpetrator of the injuries?
  3. 3 Did the mother fail to protect V from harm?

Ratio Decidendi

The court found, on the balance of probabilities, that the father violently assaulted V on at least four occasions, causing serious injuries and ultimately her death. The mother was exonerated of inflicting injuries but found culpable of a serious failure to protect V, as she ought to have known abuse was occurring and failed to seek medical advice.

Court Disposition

Findings of fact made: father perpetrated fatal and earlier injuries to V; mother failed to protect V but did not inflict injuries.

Orders

  • Interim care order for H (previously made) confirmed; subsequent supervision order and child arrangements order for H to live with mother (postscript).