Key Facts
- •Care proceedings concerning three children (A, B, and C) and their parents (G and H).
- •Death of the parents' fourth child (D) in June 2022 under suspicious circumstances.
- •Post-mortem examination revealed rib fractures on D, raising concerns of inflicted injury.
- •Conflicting expert medical evidence regarding the cause and timing of D's rib fractures.
- •Allegations of physical harm against the mother towards child A in 2019 and against both parents in August 2020.
- •Children A and B placed in the care of a maternal family member since July 2022.
- •Child C initially placed in a residential assessment unit, then with parents under 24-hour supervision.
- •Significant delays in the fact-finding hearing due to ongoing police investigation and disclosure issues.
Legal Principles
Burden of proof rests on the local authority.
None explicitly stated, but implied throughout.
Standard of proof is the balance of probabilities.
Re B [2008] UKHL 35
Findings must be based on evidence, not speculation.
Re A (A Child) (Fact Finding Hearing: Speculation) [2011] 1 FLR 1817 and Re A (Application for Care and Placement Orders: Local Authority Failings) [2016] 1 FLR 1
Failure to prove an alternative defense does not automatically prove the local authority's case.
Re X (No.3) [2015] EWHC 3651 (Fam) and Re Y (No.3) [2016] EWHC 503 (Fam)
In cases of alleged inflicted injuries, evidence must be considered holistically, with caution against over-dogmatic experts.
Re T [2004] 2 FLR 838, Re H; Re B (A Child) [2004] EWCA 567, Re R (Children: Findings of Fact) [2024] EWCA Civ 153
Court may be unable to explain the cause of injuries, and a finding against a family should not be made without clear evidence.
London Borough of Southwark v A Family [2020] EWHC 3117 (Fam)
Outcomes
Local authority's application for findings of fact regarding D's rib fractures and injuries to A was not pursued and endorsed by the judge.
Conflicting expert evidence, with the judge favouring the opinion of Professor McCarthy who attributed the rib fractures to accidental causes (fall, rescue attempts, CPR).
Threshold criteria of s31(2) of the 1989 Act not satisfied.
Insufficient evidence to prove inflicted injuries.
Interim care orders discharged.
No longer a welfare need for supervision of the parents' care of C, or for A and B to remain in kinship care.