P and Q and Ors (Minors) (No 1) (Skull Fracture: Fact-Finding), Re
[2023] EWFC 319
P and Q (Minors) (No 2) (Inadequate Local Authority Assessment), Re
16 February 2024
[2024] EWFC 153
Family Court
A baby suffered a bad head injury caused by his mom. Social services made mistakes in how they handled the case, so a judge delayed the final decision to get better assessments of the family and the risk to the children before deciding where the children will live.
Key Facts
- •Nine-month-old Q suffered a serious skull fracture, determined to be non-accidental injury.
- •Mother (M) was found to have inflicted the injuries on Q.
- •Both parents denied M's culpability.
- •Local Authority (LA) initially proposed withdrawing proceedings and implementing a Child in Need (CIN) plan.
- •LA's risk assessments were deemed inadequate and flawed by the court.
- •The court found the LA's handling of the case repeatedly fell below acceptable standards.
- •Extended family members also denied M's responsibility.
- •M disclosed childhood sexual abuse during the assessment process.
Legal Principles
Proportionality in applying fact-finding hearings; consideration of whether factual conclusions would impact placement or welfare decisions.
Derbyshire CC v AA, BA, X and others [2022] EWHC 3404 (Fam)
Threshold criteria for care orders under s.31 Children Act 1989.
Derbyshire CC v AA, BA, X and others [2022] EWHC 3404 (Fam)
Importance of robust risk assessment when serious injury is inflicted and denial exists, particularly when the protective network denies the findings.
Re JW (A Child) [2023] EWCA Civ 944, [2024] Fam. 25
The court's role in ensuring children are protected from significant danger.
Oxfordshire County Council v DP, RS and BS [2005] EWHC 1593 (Fam), [2005] 2 FLR 1031 and Re H-D-H [2021] EWCA Civ 1192, [2022] 1 FLR 454 with the additional reminder from the Master of the Rolls at paragraph 66 of the judgment of K v K [2022] EWCA Civ 468, [2022] 2 FLR 1064
Outcomes
The court adjourned the proceedings.
Inadequate risk assessments by the LA prevented the court from making a final decision. Further independent assessments by a social worker and psychologist are required to properly assess the risk to the children.
The LA will fund an independent social worker's assessment (£2700 plus travel).
The need for this assessment arose due to the LA's flawed assessments.
The cost of a psychological assessment of both parents will be split between the parties.
Necessary to understand the triggers to the mother's behavior and assess both parents' ability to protect the children.