Our articles are written by experts in their field and include barristers, solicitors, judges, mediators, academics and professionals from a range of related disciplines. Family Law provides a platform for debate for all the important topics, from divorce and care proceedings to transparency and access to justice. If you would like to contribute please email editor@familylaw.co.uk.
A day in the life Of...
Zahra Pabani
Zahra Pabani
Partner - Family Law
Read on
CARE PROCEEDINGS: Re H-W (Care Proceedings: Non-Accidental Injuries)
Date:19 APR 2012

(Court of Appeal; Lord Neuberger, McFarlane LJ; 26 March 2012)

A 2-week-old child attended hospital with bleeding at the back of her throat and a fracture. During proceedings it became clear the fracture had occurred after the child's removal from her parent's care and was discounted.  The judge found that the injury to the back of the throat had been inadvertently been caused by the father trying to clear mucous.

Appeal allowed. The judge had given insufficient consideration to the threshold criteria. The children's advocate had been unavailable to assist the judge during the hearing and that had been disadvantageous as he had been recommending the threshold had not been met. The cause of the throat injury did not support a finding that the she was at risk of long-term harm.