[2025] UKUT 95 (AAC)

The factual matters relied upon by the DBS were that on 4/1/21 FKF had spoken with social services. FKF reported that VFF had given himself a black eye because FKF would not charge his Amazon Fire Tablet. FKF reported that on Saturday night (2/1/21) she had heard VFF throwing toys around his room. FKF said she went to see what he was doing and saw a red mark on VFF’s face. FKF said that VFF told her he had hit himself with a toy. It was decided that a Child Protection Medical examination was necessary.

On examination it was noted that VFF had sustained bruising to the left eye, bruising to the top and back of the left ear, bruising to the left cheek and left jaw [22].

On 5/1/21 a strategy meeting took place at which details of VFF’s injuries were shared [267-269]. Dr Rekha Fowler (the examining paediatrician) stated that the injuries may have been self-inflicted having witnessed the child’s erratic presentation [22]. It was noted that Cheshire West and Chester Children’s Social Care were aware that VFF had displayed self-harming behaviours such as hitting, scratching and self-strangulation.

On 5/1/21, FKF’s three children (including VFF) were taken into foster care under a voluntary agreement [22].

On 6/1/21 Dr Fowler discussed the findings following the Child Protection Medical Examination with two other medical professionals: Dr Rajiv Mittal and Dr Sara Dubois. The medical professionals concluded that it was unlikely that VFF’s multiple facial injuries were self-inflicted. In the opinion of the medical professionals, VFF’s injuries were non-accidental physical injuries [22].

On 8/1/21 FKF was arrested on suspicion of an assault occasioning actual bodily harm. Under police interview, FKF stated that on Sunday night (3/1/21) she, had heard persistent banging coming from VFF’s room. She said she went in to see VFF at about 8pm and found him upset. She said VFF had been playing with little metal cars and said he had been crashing them together by bringing his arms together to impact them. FKF said she found VFF with redness on his face which she indicated had been in the area of the later black eye. FKF said she thought VFF had been hitting himself as he had done that before [112].

On 24/2/21 Cheshire Police decided to take no further action in respect of the alleged assault. The Police concluded that, whilst the conclusion following the Child Protection Medical Examination was that VFF’s injuries were non- accidental, there was no evidence that FKF was responsible for causing the injuries to VFF [357].

On 2/12/21,following a final hearing in the Family Court over 5 days the Judge ordered that FKF’s three children should be placed in the care of Cheshire West and Chester Council. The Order set out the following findings [338]:

The injuries at paragraphs 2(i)(ii) were caused by blow across the mouth.

When the injuries are taken in totality, the injuries at paragraphs 1(iv)(v)(vi)

The child, [VFF], has no underlying health condition causing or rendering

The injuries set out above were caused by [FKF];

[FKF] knew her actions had caused injury to [VFF] and she failed to