London Borough of Haringey v A & Ors
[2023] EWFC 301 (B)
A Council v Mother & Ors
31 May 2024
[2024] EWFC 122 (B)
Family Court
A baby got hurt. The dad said it was an accident because of his twitches, but he lied a lot. The judge believed the dad hurt the baby because he was stressed out, not because of the twitches. The mom didn't know anything about it and wasn't in trouble.
Key Facts
- •R, a girl aged x months, suffered a fractured rib and multiple bruises.
- •Parents took R to A&E due to reflux and vomiting; medical staff noted bruises.
- •Medical professionals concluded the injuries were non-accidental.
- •Parents initially offered explanations rejected by medical professionals.
- •Father ultimately admitted causing injuries during a tic episode.
- •Mother denied responsibility.
- •Local authority sought care order and findings of fact against parents.
- •Four-day fact-finding hearing took place.
- •Multiple medical experts provided evidence.
Legal Principles
Burden of proof lies with the local authority; standard of proof is balance of probabilities.
Re B [2008] UKHL 35, Re JS [2012] EWHC 1370 (Fam)
Findings of fact must be based on evidence, not speculation.
Re A (A Child) (Fact-finding hearing: Speculation) [2011] EWCA Civ 12
Evidence must be considered holistically, in context with other evidence.
Re T [2004] EWCA Civ 558
Expert medical evidence is important but must be considered alongside other evidence.
A County Council & K, D, &L [2005] EWHC 144 (Fam)
Court must assess parents' credibility and reliability.
Re W and another (Non-accidental injury) [2003] FCR 346
A witness lying about some matters doesn't mean they lied about everything.
R v Lucas [1981] QB 720
Possibility that the cause of injury is unknown must be considered.
Re R (Care Proceedings: Causation) [2011] EWHC 1715vFam
To identify a perpetrator, the test is whether there is a likelihood or real possibility they were the perpetrator.
North Yorkshire County Council v SA [2003] 2 FLR 849
Judges should apply the simple balance of probability standard when determining perpetrators.
Re A (Children) (Pool of Perpetrators) [2022] EWCA Civ 1348
Lies can be told for various reasons, not just guilt.
Re H-C (Children) [2016] EWCA Civ 136, R v Lucas [1981] QB 720
Failure to protect requires evidence that the parent should have identified a risk to the child.
Re L-W (Children) [2019] EWCA Civ 159
Outcomes
Findings of fact against father for causing the injuries, but not the mother.
Father's inconsistent statements and lies; expert medical evidence supporting non-accidental injury; father's admission of causing injuries; lack of evidence of mother's awareness of risk or failure to protect.
Finding of failure to protect against father for not seeking timely medical attention after injuring R.
Father's knowledge of the injury and failure to seek help.