Caselaw Digest
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Z (Infant fatality), Re

[2024] EWHC 618 (Fam)
A little boy died after being left alone and found in a small cupboard at home. The judge didn't believe the parents' explanations for what happened. They were found to have neglected the child and his siblings, leading to the local authorities taking action to protect the family's other children.

Key Facts

  • Three-year-old A died on 11 May 2022 after being found unresponsive in a bedside cabinet at home.
  • A's death was ruled as positional asphyxiation due to entrapment.
  • The local authority applied for public law orders concerning A's maternal half-sibling, Z.
  • Allegations against the mother and stepfather (D) included neglect of A and his older siblings, and a failure to cooperate with professionals.
  • D admitted to placing A's older siblings in a 'stress position' and covering A's mouth to stop him crying.
  • The mother and D admitted leaving A alone at home but offered inconsistent explanations.
  • Police investigations into A's death were ongoing.

Legal Principles

The party seeking to rely on a disputed fact must prove that fact on a balance of probabilities.

Re JS [2012] EWHC 1370 (Fam), Lancashire County Council v C, M and F (Children: Fact finding Hearing) [2014] EWFC 3, Re A (A child) [2016] 1 FLR 1, Re A, B and C (Children) [2021] EWCA Civ 45

Treatment of lies and dishonesty in family cases; a Lucas direction is not always necessary.

Re A, B and C (Children) [2021] EWCA Civ 45

The court is not obliged to search for a finding; if left in doubt, the local authority fails to prove its case.

Graves v Brouwer [2015] EWCA Civ 595, Milton Keynes Borough Council v Nulty & others [203] 1 WLR 1183, Re J and E (A Child) EWHC 2400

Outcomes

The local authority's threshold statement (paragraphs 1-4) was satisfied.

The judge found that the mother and D's actions constituted neglect and a failure to protect A and his siblings. The judge found D's account of A's death lacked credibility and demonstrated gross neglect. The judge also found that the parents' actions were intended to avoid professional scrutiny of their parenting by moving to China.

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