M (A Child)(Non-Accidental Injuries; Wider Canvas), Re
[2024] EWFC 209 (B)
W (A Child) (Inflicted Injury) (Delay)
26 April 2024
[2024] EWCA Civ 418
Court of Appeal
A baby had broken legs. A judge thought it was abuse, but the higher court disagreed. The judge didn't look at all the evidence together – things like the baby being born early and taking medicine that can weaken bones – and didn't believe the parents and grandparents who said the baby wasn't in pain before the legs broke. The higher court said the judge made a mistake and sent the baby home.
Key Facts
- •Ten-month-old W sustained fractures to both tibias.
- •W also sustained a femoral fracture, accepted as accidental.
- •Care proceedings were initiated due to unexplained tibial fractures.
- •Parents were exemplary with positive assessments and no risk factors.
- •Significant delay in proceedings (2 years, 5 months).
- •Medical experts considered bone fragility as a possible explanation.
- •Expert pharmacologist Dr. Sharp's evidence focused on Omeprazole use but excluded W from study due to prematurity etc.
- •Judge found tibial fractures were inflicted, exonerating grandparents.
- •Appeal challenged the sufficiency of evidence and judge's approach.
Legal Principles
The Court of Appeal will only intervene in findings of fact if there is a clearly demonstrated error of approach.
Re S (Children: Findings of Fact) [2023] EWCA Civ 1113
Medical and non-medical evidence are both vital, neither having precedence.
Re R (Children: Findings of Fact) [2024] EWCA Civ 153
The burden of proof in care proceedings rests on the local authority.
Implicit throughout the judgement
A lack of history of injury from a carer shouldn't be treated as conclusive evidence of inflicted injury.
Re BR (Proof of Facts) [2015] EWFC 41
Assessment of credibility includes consistency with known facts, previous accounts, other evidence and probabilities; in family cases demeanor can be relevant.
B-M (Children: Findings of Fact) [2021] EWCA Civ 1371
Outcomes
Appeal allowed.
The judge erred in compartmentalizing evidence, failing to consider the cumulative effect of potential causes of bone fragility (prematurity, Omeprazole use, accidental femoral fracture), placing excessive weight on pain response and insufficient weight on lay evidence.
Interim care order discharged.
Threshold criteria under section 31(2) of the Children Act 1989 not met; inflicted injury not established on the balance of probabilities.
Proceedings discontinued.
No basis to remit for retrial; threshold criteria not satisfied.