Source: All England Reporter
Publisher Citation: [2014] All ER (D) 199 (Mar)
Neutral Citation: [2014] EWHC 121 (Fam)
Court: Family Division
Judge:

Mr Justice Mostyn

Representation All parties were represented.
Judgment Dates: 29 January 2014

Catchwords

Ward of court - Care and control - Factors to be considered - Primary issue of fact following alleged filicide - Child requiring constant intensive care in hospital - Mother visiting child and staying overnight - Child's oxygen levels falling - Local authority issuing care proceedings - Whether oxygen supply being turned off - Whether mother turning off oxygen supply - Whether nurse turning off oxygen supply.

The Case

Ward of court Care and control. The local authority issued care proceedings in the Family Division after an incident in which the authority alleged that the mother had unplugged the oxygen supply to her daughter, D, while staying overnight with D in hospital. In dismissing the application, the Family Division held that on the balance of probabilities the oxygen had been switched off, but it did not follow that the mother or one of the nurse's on duty at the relevant time had turned it off.

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