North Northamptonshire Council v A Mother & Ors
[2024] EWFC 197
P and Q and Ors (Minors) (No 1) (Skull Fracture: Fact-Finding), Re
18 August 2023
[2023] EWFC 319
Family Court
A baby got a skull fracture. The court investigated both parents and the aunt and uncle who were babysitting. They found the mom caused the injury and hid it, but everyone else was cleared. The court will keep working to find out what's best for the baby and his siblings.
Key Facts
- •Q, a one-year-old boy, was found to have an unexplained skull fracture.
- •Two families (M1 & F1's children P & Q; M2 & F2's children R, S & T) were involved, with the families being close.
- •The Local Authority (Kirklees MBC) brought public law proceedings.
- •The injury was discovered on October 8th, 2022.
- •Several possible explanations were explored, including falls at a hospital and in the home.
- •Expert medical evidence was presented.
- •The Local Authority initially pursued a theory of intentional infliction, but later shifted to an undisclosed accident.
- •The court heard evidence from all parties involved.
Legal Principles
The Local Authority bears the burden of proof on the balance of probabilities.
Children Act 1989, Part IV
There is no burden on parents to prove their innocence.
Children Act 1989, Part IV
The court must consider all evidence, including expert and parental testimony.
Children Act 1989, Part IV
Lies are not automatically probative of guilt, but can be considered within the context of the Lucas Direction.
Case law (implied)
Outcomes
Proceedings against M2 and F2 dismissed.
The court found no evidence to suggest their involvement in Q's injury or failure to seek medical attention.
M1 found responsible for inflicting Q's injuries.
The court found M1's explanations implausible and inconsistent with her actions, concluding she suppressed the truth about the incident.
No findings against F1.
The court found the Local Authority failed to prove F1's wrongdoing, despite some inconsistencies in his testimony.
Proceedings in relation to P and Q to continue.
Further risk assessments needed before decisions can be made about their future care.