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Pembrokeshire County Council v Sinead James & Ors

[2021] EWFC 71
A little girl died because her mom's boyfriend hurt her badly. The boyfriend was mean and did drugs. The mom was asleep and didn't protect her daughter. The judge decided that the little girl's sisters will live with their grandma.

Key Facts

  • Lola James (aged 2 years, 10 months) suffered fatal injuries on July 17, 2020.
  • The household was in a state of squalor.
  • Lola's mother, Sinead James, and her partner, Kyle Bevan, were the primary caregivers.
  • Lola sustained extensive injuries, including 100 external injuries and severe internal injuries to the brain and eyes.
  • Experts unanimously concluded that the injuries were inconsistent with an accidental fall down the stairs.
  • Kyle Bevan had a history of violence, drug abuse, and mental health issues (Asperger's syndrome and ADHD).
  • Sinead James had a history of forming relationships with abusive partners and displayed submissive behavior.
  • Sinead James was found to have been asleep during the incident and the aftermath.
  • Kyle Bevan fabricated a story about Lola falling down the stairs due to the dog.
  • Both Sinead James and Kyle Bevan were found guilty in subsequent criminal proceedings.

Legal Principles

In care proceedings, the threshold in s.31(2) of the Children Act 1989 must be crossed.

Children Act 1989

Findings of fact in family proceedings must be determined on the balance of probabilities.

In re B (Children) (Care Proceedings: Standard of Proof) [2009] AC 11

In care proceedings, the court must avoid using criminal law concepts and definitions of mens rea.

The proceedings are protected by s.12 of the Administration of Justice Act 1960.

Administration of Justice Act 1960

The court must weigh competing rights under the European Convention on Human Rights when deciding on publication of the judgment.

European Convention on Human Rights

Outcomes

Kyle Bevan inflicted Lola's fatal injuries.

The court considered evidence from various sources, including witness testimonies, medical reports, and photographic and digital evidence. The overwhelming evidence pointed to a deliberate assault.

Sinead James was asleep during the incident and did not protect Lola.

While grossly negligent, the court accepted that she was asleep at the time of the assault based on phone records and witness testimony.

Final care orders were made placing IY and VH in the care of their maternal grandmother, Nicola James, with supervised contact with their parents and fathers.

This was agreed upon by all parties due to the significant risks posed by the parents.

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