Spotlight
Family Court Practice, The
Order the 2021 edition due out in May
Court of Protection Practice 2021
'Court of Protection Practice goes from strength to strength, having...
Jackson's Matrimonial Finance Tenth Edition
Jackson's Matrimonial Finance is an authoritative specialist text...
Spotlight
Latest articles
Re R (Children) (Control of Court Documents) [2021] EWCA Civ 162
(Court of Appeal (Civil Division), King, Peter Jackson, Elisabeth Laing LJJ, 12 February 2021)Practice and Procedure – Disclosure of court documents – Sexual abuse findings –...
AG v VD [2021] EWFC 9
(Family Court, Cohen J, 04 February 2021) Financial Remedies – Matrimonial and Family Proceedings Act 1984, Part III – Russian divorceThe wife was awarded just under £6m...
Become the new General Editor of The Family Court Practice, the definitive word on family law and procedure
The Family Court Practice (‘The Red Book’) is widely acknowledged as the leading court reference work for all family practitioners and the judiciary. We are currently recruiting a...
SCTS releases new simplified divorce and dissolution forms for Scotland
The Scottish Courts and Tribunals Service (SCTS) has released new simplified divorce and dissolution forms of application. As a result of legislation repealing Council Regulation EC 2201/2003, the...
Welsh Government launches consultation on amendments to adoption regulations
The Welsh Government has launched a consultation on the proposed amendments to the Adoption Agencies (Wales) Regulations 2005 and the Care Planning, Placement and Case Review (Wales) Regulations 2015....
View all articles
Authors

CARE: Staffordshire County Council v VW [2009] EWHC 1982 (Fam)

Sep 29, 2018, 17:32 PM
Slug : 2009EWHC1982
Meta Title :
Meta Keywords :
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Sep 21, 2010, 11:35 AM
Article ID : 91427

(Family Division; McFarlane J; 28 July 2009)

The local authority claimed that certain of the child's unique symptoms were the result of rough handling by the family and applied for a care order.

Two weeks into a hospital stay, x-rays revealed fractures to the ribs and legs as well as swelling in the head. The family argued that the fractures were a result of physical interventions by the medical team. Previous scans/x-rays during the hospital stay had shown no injury to the skull or ribs.

It was not necessary for court to make positive findings on possible causes of the injury, just to decide whether on balance of probability they were caused by the family.  

There was a possibility that staff had held child down in order to keep a medical tube in while the child was having a fit. The court established that the hospital records and recollection were not as good as they should have been and there was no evidence that the head swelling was caused non-accidentally.

The court made positive findings as to parents' credibility. None of the allegations relied upon by the local authority were proved. It followed that the statutory threshold criteria in Children Act 1989, s 31 was not satisfied with respect to the child and the local authority's application for a care order was dismissed.

__________________________________________________________________

Family Law Reports

Family Law Reports are relied upon by the judiciary, barristers and solicitors and the reports are cited daily in court and in judgments.

They contain verbatim case reports of every important Family Division, Court of Appeal, House of Lords and European courts case, and also includes practice directions, covering the whole range of family law, public and private child law.

Categories :
  • Archive
  • Judgments
Tags :
Authors
Provider :
Product Bucket :
Recommend These Products
Related Articles
Load more comments
Comment by from