[2022] EWHC 3404 (Fam)
. Each case will very much depend on its own facts. In this case, the matter was already listed for hearing only a few days after the application to vacate was made, with the expert witness booked to attend and counsel instructed. Some resources might have been saved had the case been taken out at the last minute, but in the overall scheme of things and the resources expended to date I did not consider that an overriding factor. I was also acutely aware of the stress of these proceedings upon the parents, but there was not long to wait for the outcome.47.Cases where a child has suffered a single injury are worrying, because a single injury may be the harbinger of something much more serious, even in a case where there are no other outward features of anger, ill treatment or neglect. Decisions such as have been made in this case are difficult, and not risk free. In this case, whilst the threshold has not been met there are some findings about that original injury, even if of a one off episode at the lower end of the scale of force. This will enable everyone to move on and work from here on the basis of the child in need plan. I hope that this family will now be able to look ahead to a different phase of their lives, as S and B grow up alongside the memories of O. They will need the assistance of the local authority as they do this, as they have all suffered considerable trauma over the last few years. I wish them the very best.
- Approved Judgment
- Introduction
- Background
- The proceedings
- The parents
- The Guardian
- The law
- [2012] EWHC 1370 (Fam
- [2020] EWCA Civ 1230
- Re B (Children)(Care Proceedings: Standard of Proof)(CAFCASS intervening);[
- The hearing
- The medical evidence
- The mother
- The father
- Wider canvass
- Analysis
- Threshold
- [2022] EWHC 3404 (Fam)
