Key Facts
- •Fifteen-month-old Felix sustained multiple fractures (ribs, right elbow, left elbow, left wrist, left knee) and bruises.
- •Luke, Emma's boyfriend and Bella's father, was identified as the perpetrator of Felix's injuries.
- •Emma, Felix's mother, was found to have lied about several matters, including sending fake messages and delaying medical attention for Felix.
- •The placement provided for Emma and Felix was deemed inadequate and failed to provide sufficient support.
- •Felix was placed with his father, Sam, under a 12-month supervision order.
Legal Principles
Threshold test for care orders: significant harm attributable to parental care.
Children Act 1989, section 31(2)
Burden of proof in fact-finding hearings: balance of probabilities.
Re JS (Fact-finding hearing) [2012] EWHC 1370 (Fam); Re M (fact-finding hearing: burden of proof) [2012] EWCA Civ 1580
Evaluation of evidence: considering all evidence in context, including expert opinions.
Re T [2004] EWCA Civ 558; A County Council v a mother & others [2005] EWHC Fam 31
Assessing credibility: considering lies, but not assuming all statements are false.
R v Lucas [1981] QB 720; H-C (children) [2016] EWCA Civ 136; Re A, B and C (children) [2021] EWCA Civ 451
Pool of perpetrators: used only when the perpetrator cannot be identified definitively.
Re B (Children: Uncertain perpetrator) [2019] EWCA Civ 575; Re A, B and C (Fact-finding) [2023] EWCA Civ 437
Failure to protect: requires knowledge of risk, a clear course of action, failure to act, and culpability.
Re L-W (children) [2019] EWCA Civ 159; G-L-T (children) [2019] EWCA Civ 717
Paramount consideration in welfare decisions: child's welfare.
Children Act 1989, section 1
Outcomes
Luke was found to be the perpetrator of Felix's injuries.
Inconsistencies in Luke's statements, expert medical evidence, and contextual evidence pointed to his guilt.
Felix was placed with his father, Sam, under a 12-month supervision order.
This was deemed the best option for Felix's welfare, considering the risks associated with returning him to his mother's care and the need for support for Sam.
Emma was found to have neglected Felix in several ways but not to the point that this caused him significant harm.
Emma's inconsistent routine, prioritization of her own needs over Felix's, and reliance on Luke all contributed to this finding.