Re "Tim" (Fact-finding Care Proceedings)
[2024] EWFC 194 (B)
C1 and C2 (Children: Fact Finding), Re
21 August 2024
[2024] EWFC 247 (B)
Family Court
A baby broke her arm. The grandma accidentally did it. But the parents waited too long to take the baby to the doctor, and the dad was abusive to the mom. Because of the parents' actions, the court decided the baby needs extra protection.
Key Facts
- •C1 suffered a non-displaced oblique fracture to the right humerus on December 24, 2023.
- •The fracture was caused accidentally by the paternal grandmother while dressing C1.
- •The mother and father unreasonably delayed seeking medical attention for C1 from December 25 to 27, 2023.
- •The father perpetrated domestic abuse against the mother.
- •The father lied to the court about C1's presentation after the fracture.
Legal Principles
Threshold test for care orders or supervision orders under section 31(2) Children Act 1989.
Children Act 1989
Burden of proof and standard of proof in child abuse cases.
Re L and M (Children) [2013] EWHC 1569 (Fam)
Assessment of witness credibility, including consideration of lies and inconsistencies.
R v Lucas [1981] QB 720; Re A [2021] EWCA Civ 451
Determining the perpetrator of inflicted injuries, including 'uncertain perpetrator' cases.
Re S (A Child: Adequacy of Reasoning) [2019] EWCA Civ 1845; A (Children) (Pool of Perpetrators) [2022] EWCA Civ 1348
Relevance of domestic abuse to threshold findings.
Lancashire County Council v R [2010] 1 FLR 387
Causative link between failure to protect and risk to children.
Re L-W Children [2019] EWCA Civ 159
Outcomes
The court found that the paternal grandmother accidentally caused the fracture.
While the mechanism of injury described by the paternal grandmother was plausible, the demonstrated force was insufficient to cause a fracture. The unusual lack of pain response after the incident is explicable, given evidence about the variability of infant responses to pain. The court discounted the possibility of the father inflicting the injury and attempting to conceal it.
Threshold was met due to the parents' unreasonable failure to seek medical attention for C1 from December 25 to 27, 2023.
Despite initial reassurance, the parents' continued inaction in the face of C1's persistent symptoms (floppy arm) was deemed unreasonable. This failure resulted in a likely risk of significant harm (pain) to C1.
Threshold was met due to the father's domestic abuse of the mother.
The father's admissions and evidence established a pattern of domestic abuse, including physical assault and verbal abuse. The court determined that this abuse placed the children at risk of significant harm.
Threshold was met due to the father's dishonesty regarding C1's symptoms.
The father's admitted lies about C1's presentation after the fracture demonstrated a willingness to mislead the court, impacting the ability to fully assess the children's welfare.