(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.