Re "Tim" (Fact-finding Care Proceedings)
[2024] EWFC 194 (B)
West Sussex County Council v MM & Ors
23 March 2023
[2023] EWFC 38
Family Court
A baby got hurt. The dad accidentally hurt him by being too rough, even though he didn't mean to. The court decided the dad needs to be more careful. The mom didn't do anything wrong.
Key Facts
- •Fact-finding hearing concerning two children, GSM (4 years old) and BQM (18 months old).
- •BQM admitted to hospital with Covid symptoms; subsequently discovered to have multiple fractures.
- •Parents arrested and interviewed; children initially placed in foster care, later with family members.
- •BQM's fractures included those to his legs and ribs, some dating back several weeks.
- •Medical experts debated the possibility of genetic predisposition to fractures in BQM.
- •The father admitted to being 'heavy-handed' and possibly responsible for some injuries.
- •The mother denied noticing any leg problems before the hospital admission.
Legal Principles
Burden of proof lies with the local authority; standard of proof is balance of probabilities.
Re B [2008] UKHL 35; Re JS [2012] EWHC 1370 (Fam)
Findings of fact must be based on evidence, not speculation.
Re A (A Child) (Fact-finding hearing: Speculation) [2011] EWCA Civ 12
Evidence must be considered holistically, not in isolation.
Re T [2004] EWCA Civ 558
Expert medical evidence is important but must be considered alongside other evidence.
A County Council & K, D, & L [2005] EWHC 144 (Fam)
Consideration of whether the cause of injury is unknown; the court must resist the temptation to always identify the cause.
Re R (Care Proceedings: Causation) [2011] EWHC 1715 Fam; R v Henderson and Others [2010] EWCA Crim 1219
The test for identifying perpetrators is whether there is a likelihood or real possibility they were responsible; the standard is balance of probabilities.
North Yorkshire County Council v SA [2003] 2 FLR 849; Re D (Children) [2009] 2 FLR 668; Re SB (Children) [2010] 1 FLR 1161
Section 31(2) Children Act 1989: Care order or supervision order can only be made if the child is suffering or likely to suffer significant harm attributable to unreasonable parental care or lack of parental control.
Children Act 1989, s.31(2)
Failure to protect findings should not be a 'bolt on' to perpetration findings; the court must focus on whether the parent's actions put the child at risk of significant harm.
Re L-W (Children) [2019] EWCA Civ 159
Outcomes
The father caused BQM's fractures by using excessive force on at least two occasions, with four separate applications of force. He also caused an earlier bruise.
Father's admissions to police and in court; expert medical evidence excluding other likely causes; consideration of the timing of injuries.
The mother did not fail to protect BQM.
Mother sought medical attention; evidence did not support a finding that she knowingly covered up abuse or failed to act reasonably in the circumstances.
Threshold criteria under Section 31 Children Act 1989 are met.
BQM suffered significant harm due to the father's actions; there is a risk of future harm.