Summary of outcome
150.I have not found that S’s injuries were caused non-accidentally by either of his parents. 151.I have not found that at the relevant date either T or S was suffering or likely to suffer significant harm due to neglect. 152.The threshold criteria are, therefore, not met and these proceedings come to an end. 1 Even ignoring for the moment my observations about the mother’s credibility generally, I do not think it makes sense for her to have denied any symptoms S exhibited overnight, when she had already said she had heard the crackling in S’s chest the night before. 2 S’s increased fractiousness as a baby, compared to T, adds weight to this argument. It seems likely that a guilty parent would have interpreted the behaviour of a baby who woke more frequently, and seemed more unsettled, as a potential sign of injury or pain. I remind myself that the parent in question would not have known that the injury was a broken rib, that would heal without treatment: there would surely have been a real fear that an even more serious injury had occurred.
- 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
