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A London Borough v J & Ors

[2024] EWFC 2 (B)
Baby N was hurt by his dad, M, who shook him. Mom, J, didn't see it happen but was too slow to get him help to the hospital. The judge said the dad's drinking and fighting with the mom contributed to it. While mom wasn't directly to blame, she needs to improve as a parent.

Key Facts

  • Baby N suffered an inflicted head injury likely caused by shaking.
  • Father M was responsible for the injury, likely due to a single incident of shaking during a temporary loss of control.
  • Mother J was not present during the incident and unaware of it, but delayed seeking medical assistance.
  • Domestic abuse was present in the parents' relationship, involving physical and verbal abuse by M toward J.
  • M's alcohol consumption was a significant factor contributing to his behavior.
  • Extensive medical investigations ruled out other causes for N's injuries.

Legal Principles

The applicant must prove each allegation on the balance of probabilities.

Judge's statement

Evidence should be assessed holistically, not in separate compartments.

Judge's statement

Lies told by a party can be probative, but caution is needed.

Judge's statement

Medical evidence is advisory; the ultimate decision lies with the court.

Judge's statement

Outcomes

Finding of inflicted head injury caused by M.

Unified medical evidence and holistic assessment of all evidence (medical, lay, wide canvas) pointed to M as the perpetrator. The timing of the injury aligns with M's care of N, his known impulsiveness, and the stressors in the relationship.

Finding against J for delay in seeking medical assistance.

Delay was attributed to a combination of worry, financial constraints, and unfamiliarity with the healthcare system.

No finding of failure to protect against J.

While the relationship exhibited concerning features, J's warm and loving care towards N and lack of awareness of the incident prevented a finding of failure to protect.

Findings of emotional harm to N and risk of further harm due to domestic abuse.

The inflicted head trauma and domestic abuse create a clear risk of emotional harm.

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