North Northamptonshire Council v A Mother & Ors
[2024] EWFC 197
S (Children: Findings of Fact), Re
4 October 2023
[2023] EWCA Civ 1113
Court of Appeal
A judge said some injuries to a baby were accidents, others were caused by the dad. A higher court said the judge didn't think properly about how the dad's actions affected whether the other injuries were accidents, so they sent the case back for a new trial.
Key Facts
- •Care proceedings concerning two boys, J and B, with a history of injuries.
- •B suffered skull fractures in 2020 and various bruises and injuries in 2021.
- •2020 proceedings dismissed, finding injuries accidental.
- •2021 proceedings initiated after new injuries, including significant bruising.
- •The mother's phone contained photos of B with numerous facial injuries.
- •Expert opinions varied on the cause of injuries, with some suggesting non-accidental trauma.
- •The judge in 2023 found the father inflicted one injury in 2021 and the parents lied about it, but ruled other injuries accidental.
- •The local authority appealed, arguing the judge failed to consider the implications of his findings of parental culpability in relation to other alleged injuries.
- •The children have been in care for 3.5 years due to ongoing proceedings.
Legal Principles
A judge's fact-finding advantages; appellate intervention only for demonstrable error.
None cited, but implied as well-known principle.
When considering evidence, all evidence must be considered in context.
None cited, but implied as well-known principle.
Rehearing requires a fresh investigation of all evidence. A finding that injury A was caused by a parent is relevant when assessing the probability that injuries B or C were caused by that parent, though it is not determinative.
Re CTD (A Child: Rehearing) [2020] EWCA Civ 1316
The concept of propensity or similar fact evidence; one finding about a parent’s behaviour towards a child might be relevant to another similar allegation.
R v P (Children: Similar Fact Evidence) [2020] EWCA Civ 1088
Hindsight bias cannot prevent common-sense assessment of all evidence.
Not explicitly cited, but discussed in context of the case.
Outcomes
Appeal allowed; judge's findings set aside.
The judge failed to consider the implications of his finding that the father assaulted the child in July 2021 when assessing the other allegations. The rehearing was cursory and didn't adequately address the evidence of parental culpability.
Case remitted for rehearing.
To ensure a proper consideration of all evidence in light of the established finding of parental culpability in one instance.