The London Borough of Havering v A Mother & Others
[2023] EWFC 65 (B)
A Council v H & Ors
29 March 2023
[2023] EWFC 47
Family Court
A baby died, and doctors found an old injury that likely came from a parent accidentally hurting him. Although one of the parents probably caused the old injury, the family is now doing much better, so the court let them go home.
Key Facts
- •Care proceedings concerning two children, S (8 months) and B (5).
- •S's older brother, O, died suddenly at 5 weeks old; a post-mortem revealed metaphyseal fractures to his left tibia, dated 2-5 days before death.
- •The fractures were determined to have occurred in the parents' care.
- •The local authority sought findings that O's fractures were caused by excessive force, but did not seek to identify a perpetrator.
- •24-hour supervision of the family was in place for six months, with largely positive observations.
- •A parenting assessment identified tensions in the family dynamic but no major concerns.
- •The parents denied causing the injury.
Legal Principles
Burden of proof on the local authority; standard of proof is balance of probabilities.
Case law not explicitly named but referenced to principles summarized in Re JS [2012] EWHC 1370 (Fam) and subsequent cases.
In identifying a perpetrator of non-accidental injury, consider all possible perpetrators and determine if an individual can be identified on the balance of probabilities. If not, consider the likelihood of each individual being the perpetrator.
Re JS [2012] EWHC 1370 (Fam) and subsequent cases, including Re A (Pool of Perpetrators) [2022] EWCA Civ 1348, and Re A(A Child) [2020] EWCA Civ 1230
Likelihood of significant harm means a real possibility that cannot sensibly be ignored; Re B (Children)(Care Proceedings: Standard of Proof)(CAFCASS intervening);[2008] UKHL 35
Re B [2008] UKHL 35
After acquired evidence can be considered to determine whether the state of affairs alleged at the time protective arrangements were put in place existed.
Not explicitly cited, but used as the basis of argument and decision.
Outcomes
Threshold criteria not met in relation to S and B.
Single injury to O over two years prior, with no other evidence of parental violence, aggression, or neglect; positive post-birth observations of parents with S; after-acquired evidence demonstrating loving bond between parents and children and ability to cope with stress.
Finding that O's fracture resulted from momentary excessive force but unable to determine circumstances further.
Unequivocal medical evidence showing the fracture was caused by excessive force; lack of context or explanation; no evidence of dishonesty or inconsistent accounts.