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North Northamptonshire Council v A Mother & Ors

25 January 2024
[2024] EWFC 197
Family Court
Two young kids got hurt. The court decided the dad caused the injuries and the mom didn't do enough to protect them. There were many lies and the explanations for how the injuries happened didn't make sense.

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.

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