Source: All England Reporter
Publisher Citation: [2014] All ER (D) 165 (Jan)
Neutral Citation: [2014] EWCA Civ 25
Court: Court of Appeal, Civil Division

Lord Justice Tomlinson, Lord Justice Ryder and Lord Justice Christopher Clarke

Representation Debra Gold for the authority.
  Christopher Bramwell for the first defendant.
  Margot Elliott for the second defendant.
  Eilidh Gardner for the third defendant.
Judgment Dates: 24 January 2014


Family proceedings - Care proceedings - Fact-finding hearing - Child suffering two skull fractures with associated brain haemorrhage and swelling - Local authority issuing public law children proceedings - Judge conducting fact-finding hearing and concluding parents not deliberately inflicting injury - Authority appealing - Whether judge erring.

The Case

Family proceedings Care proceedings. The judge had found that a child, S, had suffered significant harm while in the care of her parents and that the harm had been caused by an injury. He had not been satisfied that either of the parents had deliberately inflicted the injury. The local authority challenged the judge's decision. The Court of Appeal, Civil Division, in dismissing the appeal, held that the grounds of appeal were misconceived. In particular, the judge had not been inconsistent in his findings, which had not been inconsistent with the expert medical opinion and he had not been wrong in his factual findings.

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