The parents
have filed statements.The local authority schedule of findings sought8.The local authority seeks findings that O suffered the fractures as found by Professor Mangham, and that they were caused by the use of force considerably in excess of normal handling. It is alleged that this would have been recognised as being unreasonable by a carer, and as highly likely to cause distress and injury to a baby.9.The parents are the only possible perpetrators and the local authority does not suggest it is possible to identify either of them as the perpetrator on the balance of probabilities. It does not seek findings (nor would such be justified on the evidence) that there has been any failure to protect by the non-perpetrator or any failure to seek medical attention for O.10.The local authority’s case is that it would intend to work with the family whatever the outcome of this exercise, and to start to stand down the level of supervision of this family. Currently there are social workers in the family home supervising the care of B and S 24 hours a day.The parents11.Both parents deny using excessive force in their care of O, or apart from one incident recounted by the mother, of being aware of any incident in which this could have happened. In her written evidence the mother recalled an incident when she put O into his chair swing and, as she described it, his leg ‘caught the metal bar’ and his leg flopped under him. She said that he cried after this but was soothed quickly.
- 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)
