AA, Re
[2023] EWFC 278 (B)
London Borough of Haringey v A & Ors
12 December 2023
[2023] EWFC 301 (B)
Family Court
A court case investigated whether parents hurt their baby. The baby had bruises and a broken rib. Doctors weren't sure how it happened, but the parents offered some possible explanations for accidents. The court believed the parents, deciding there wasn't enough evidence to prove they did it on purpose. The case was closed.
Key Facts
- •Fact-finding hearing concerning care orders for two children, C and D.
- •D suffered unexplained bruising and a rib fracture.
- •Parents denied intentionally harming D.
- •Parents suggested possible accidental causes: father's grip during medical procedure and older sibling C kneeling on D.
- •Voluminous medical records and expert evidence were presented.
- •Parenting assessment found parents to be capable and loving.
- •Psychological assessment of father found no concerns.
- •Experts debated the possibility of the rib fracture being caused by C.
- •Discrepancies existed in witness accounts regarding the incident with C.
Legal Principles
Standard of proof in care proceedings is the balance of probabilities.
Re B (Care Proceedings: Standard of proof) [2008] 2 FLR 141
The burden of proof lies with the local authority.
Re B (Care Proceedings: Standard of proof) [2008] 2 FLR 141
Findings of fact must be based on evidence, not speculation.
Re A (A Child) (Fact-finding hearing: Speculation) [2011] EWCA Civ 12
Failure of parents to provide a satisfactory explanation does not automatically prove the local authority's case.
Re M (Fact-finding hearing: Burden of proof) [2012] EWCA Civ 1580
Court must assess parents' credibility, responsibility, and reliability.
Re U (Serious Injuries: Standard of proof) [2005] Fam 134; Re W & Another (A Child) (Non-accidental injury) [2003] 2 FCR 346
Outcomes
Proceedings dismissed.
Local authority failed to prove on the balance of probabilities that the parents caused the injuries. The court found the parents' explanation, although incomplete, more likely than deliberate harm.