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Burden of proof and medical evidence in non-accidental injury cases (A Local Authority v ID and others)

Date:24 JAN 2018
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Family analysis: In A Local Authority v ID and others following a ten-day fact-finding hearing the court made adverse findings of non-accidental injury against a father to his four-month-old baby. Dr John Fox of Lamb Building explains what can be gleaned from the judgment when dealing with cases of non-accidental injury.

Original news

In A Local Authority v ID and others [2017] EWHC 3075 (Fam) the High Court (Family Division) found that injuries to a child were non-accidental in origin and likely to have been inflicted by the child’s father in a momentary loss of self-control.

What is the significance of this case?

It is a judgment of Roberts J who in a care case conducted a second fact-finding hearing relating to a four-month-old baby who suffered a catastrophic collapse at the family home. At the first fact-finding hearing the judge rather surprisingly exonerated the father and the applicant local authority appealed.

The case reiterates the importance of the ‘ten commandments’ set out by Baker J in Re JS [2012]...

Read the full article here.