Care proceedings were commenced for one child after the death of a sibling, but without evidence as to which carer was responsible.
Held: It had not been established upon a balance of probabilities that any one or more of the injuries were caused by either the mother or father. The mother must be treated as if she did not cause L to suffer significant harm within the meaning of s 31(2) of the Act. Moreover she is to be treated as if she has not caused L to suffer any physical harm or caused L or C to be at risk of suffering physical harm from her within the meaning of s 1(3)(e) of the Act.
Judges:
Ward LJ and Sir Martin Nourse
Citations:
[2002] 2 FLR 1167, [2002] EWCA Civ 1271
Statutes:
Jurisdiction:
England and Wales
Cited by:
Appeal from – In re O and N (Minors); In re B (Minors) (Care: Preliminary hearing) HL 3-Apr-2003
The appeals were from conflicting decisions in care applications where one or other or both parents were guilty of lack of care, but there was no evidence to say which was responsible.
Held: The threshold criteria had been met, and the court . .
Lists of cited by and citing cases may be incomplete.
Children
Updated: 10 June 2022; Ref: scu.180419
