Section 1
This judgment was delivered in private. The judge has given leave for this version of the judgment to be published on condition that (irrespective of what is contained in the judgment) in any published version of the judgment the anonymity of the children and members of their family must be strictly preserved. All persons, including representatives of the media and legal bloggers, must ensure that this condition is strictly complied with. Failure to do so may be a contempt of court.
Mrs Justice Lieven DBE :
This case concerns the application by the Local Authority (“LA”), for a care order in respect of P, a child born 2024. P’s mother is the First Respondent (“the M”) and P’s father is the Second Respondent (“the F”). P’s maternal grandparents, maternal grandmother (“MGM”) and maternal grandfather (“MGF”), are the First and Second Intervenors. P’s paternal aunt, (“PA”), is the Third Intervenor.
The LA was represented by Mr Christopher Adams. The M was represented by Ms Kate Burnell KC and Ms Nicola Brown, the F was represented by Mr Richard Hadley KC and Mr Christopher Rank, and the Children’s Guardian was represented by Ms Kate Hughes KC and Mr George Smith. MGM and MGF were represented by Mr Adeo Fraser and PA attended as part of the hearing but was not represented.
The background to this matter is that on 8 May 2024, when P was approximately 11 weeks old, the F made a 999 call saying that P had become unconscious. P was taken to hospital and subsequent examinations found that he had a subdural haemorrhage and a number of other very concerning injuries. Happily, P has survived those injuries but he is currently in foster care.
Both the M and the F denied causing P any injuries, although the F’s position became slightly nuanced during the hearing. MGM and MGF had care of P at various times before 8 May. Further, M and MGF have put themselves forward to care for P if he cannot return to the care of the parents. In those circumstances they were joined as Intervenors in this matter. PA is P’s paternal aunt. She too had care for P at various times before his injuries occurred and it was determined that it was appropriate for her to be joined as an Intervenor. No party by the end of the hearing sought any findings against PA. The LA did not seek findings of fact of failing to protect against M and MGF but did ask me to set out the issues that arise in relation to their evidence in this judgment.
- Heading
- Section 1
- The history
- The Expert Evidence
- Dr Oystein Olsen / Consultant Paediatric Radiologist
- Dr Kieran Hogarth / Consultant Neuroradiologist
- Mr Ibrahim Jalloh / Consultant Paediatric Neurosurgeon
- Professor Anand Kumar Saggar / Consultant in Clinical Genetics
- Dr Russell Keenan / Consultant Paediatric Haematologist
- Professor Peter Fleming / Consultant Paediatrician
- Lay Witnesses
- The Law
- Position of the parties
- Conclusions
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