Key Facts
- •Two sets of care proceedings and a third fact-finding hearing concerning two children, J and B.
- •B suffered a skull fracture at five weeks old (February 2020) and serious injuries in August 2021.
- •Initial proceedings concerning the 2020 skull fracture were dismissed, but the Court of Appeal overturned the decision.
- •The mother, father, and maternal grandmother gave evidence.
- •Medical evidence, including expert opinions from various specialists, was presented.
- •The father's phone was wiped, and inconsistencies in the parents' accounts were noted.
- •Photographs showed B with repeated bruising on his face from April 2021.
- •The mother cancelled a health visitor appointment in July 2021, claiming a sickness bug.
Legal Principles
Burden of proof is on the local authority; civil standard of proof (balance of probabilities) applies.
Devon County Council v EB [2013] EWHC 968
Court must consider evidence, not speculation; analyze the entire canvas of evidence, not compartmentalize; weigh medical evidence against all evidence.
Devon County Council v EB [2013] EWHC 968
Account for fragility of human memory, especially with time and repeated accounts; approach allegations of lying with care, distinguishing lies from mistakes; consider reasons for lying and its relevance.
R v Lucas and Devon County Council v EB [2013] EWHC 968
In failure to protect cases, ensure the allegation is not a bolt-on to the central issue.
LW (Children) [2019] EWCA Civ 159 at [64]
Before making a pool finding, carefully consider whether findings can be made against one specific person.
Various case law (implied)
Outcomes
Findings for the local authority: Father caused the injuries; mother failed to protect the children.
Compelling medical evidence and numerous instances where parents and maternal grandmother lied to the court; improbability of the 'sofa incident' explanation for the skull fracture; severity and pattern of bruising in 2021 inconsistent with accidental injury; lies about the health visitor appointment and other inconsistencies.