Analysis of the evidence
87.In this part of my judgment I intend to use the phrase “non-accidental” to describe an injury that was inflicted deliberately or recklessly by one of S’s parents. In that scenario the undisputed evidence is that the parent in question must have known at the time that their actions had caused S to suffer serious harm. 88.My first task is to determine on the balance of probabilities whether S’s injuries were caused non-accidentally. If so, I must seek to establish, again on the balance of probabilities, whether it is possible to identify a perpetrator. 89.I remind myself that the burden is on the local authority to prove its allegations. The parents do not have to prove any of the alternative explanations that have been put forward.
- HER HONOUR JUDGE MADELEINE REARDON :
- Background
- The findings sought and the positions of the parties
- The law
- The evidence
- The medical evidence
- The parents’ evidence
- The family witnesses
- Analysis of the evidence
- The timeline: S’s birth to his admission to hospital on 23 April 2022
- Inherent probabilities
- An accident involving T
- Co-sleeping
- The evidence for and against a non-accidental injury
- My findings: the causation of S’s injuries
- The allegation of neglect
- Summary of outcome
