Source: All England Reporter
Publisher Citation: [2013] All ER (D) 75 (Jul)
Court: Court of Appeal, Civil Division

Rimer, Tomlinson and McFarlane LJJ (judgment delivered extempore)

Representation Francis Heaton QC and Ruth Tankel for the authority.
  Janet Bazley QC and Jacqueline Wall for the mother.
  Written submissions only for the children's guardian.
  The father did not appear and was not represented.
Judgment Dates: 4 July 2013


Family proceedings - Orders in family proceedings - Care order - Fact finding - Defendant mother's youngest son being found to have fractured ribs - Children being made subject to interim care orders - Judge at fact finding hearing not being satisfied that injury non-accidental - Claimant local authority appealing - Whether judge erring.

The Case

Family proceedings Orders in family proceedings. The youngest child of the defendant mother was found to have fractured ribs and was taken into care under an interim care order. At a fact finding hearing, the judge found that she was unable to be satisfied that the injury was non-accidental. The Court of Appeal, Civil Division, dismissed the local authority's appeal as it had it had just been open to the judge to come to the conclusion which she had after having heard all of the evidence over a five day hearing.

Practice Areas

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