Case Law
Re J (children) (care proceedings: past 'possible perpetrators' in new family unit)
Case date: 03 April 2012
Section links: Introduction / Details of the case / Court reference / Barristers
Introduction
The Court of Appeal dismissed the appeal of the local authority against a decision dismissing its application under section 31 of the Children Act 1989 to put the mother's children into care, where the only evidence in the proceedings came from a previous set of care proceedings which identified her and a former partner as being perpetrators of serious harm against a child in their care, but was unable to establish which of them had perpetrated that harm, as the historic finding did not amount to a finding on the balance of probabilities that the mother had been the perpetrator.Details of the case
In 2004, a three week old baby, TL, was found dead in the bed of JJ and SW, her parents; the cause of death was unascertained, but she had not died of natural causes.
TL had been severely and deliberately injured during her life.
Following the birth of the parents’ second child, S, care proceedings were immediately instigated.
In 2006, the judge concluded that one or other parent had been abusing TL, but was unable to say which, as both maintained their innocence and protested the innocence of the other.
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