A Local Authority v S and W and T By her Guardian: FD 27 May 2004

A child had died. The father was accused and acquitted of murder by way of shaken baby syndrome. The local authority persisted with an application for care orders for the other children.
Held: ‘I do not claim to have divined truth. I have reached conclusions based on what I believe to have been proved to the requisite standard by the evidence. I have done so with the perspective of the surviving child uppermost in my mind. I do not mean that my conclusions of fact have been influenced by any consideration of her welfare (that consideration is for the future); what I mean is that the purpose of this hearing has not been to try either the mother or W but to determine whether facts exist to justify state intervention in the life of T and also the factual matrix within which the welfare inquiry is now to be undertaken. ‘ The case was made out and the order confirmed.


Mr Justice Hedley


[2004] EWHC 1270 (Fam)




Children Act 1989 31(2)


England and Wales


CitedIn re H and R (Minors) (Child Sexual Abuse: Standard of Proof) HL 14-Dec-1995
Evidence allowed – Care Application after Abuse
Children had made allegations of serious sexual abuse against their step-father. He was acquitted at trial, but the local authority went ahead with care proceedings. The parents appealed against a finding that a likely risk to the children had still . .
CitedIn re LU (A Child); In re LB (A Child) (Serious Injury: Standard of Proof); re U (A Child) (Department for Education and Skills intervening) CA 14-May-2004
In each case, the other parent appealed care orders where she had been found to have injured her children. In each case the sole evidence was the injury to the child’s health and expert medical evidence. The cases were referred following the . .
CitedRegina v Angela Cannings CACD 19-Jan-2004
The defendant had been convicted of murdering her children. The substance of the evidence against her was that on a medical expert. His evidence was disputed and later doubted.
Held: Appeal allowed. In general courts should be careful to . .

Cited by:

CitedRaja v Van Hoogstraten ChD 19-Dec-2005
Damages were claimed after claimant alleged involvement by the defendant in the murder of the deceased. The defendant had been tried and acquitted of murder and manslaughter, but the allegation was now pursued. The defendant had since failed to . .
Lists of cited by and citing cases may be incomplete.


Updated: 29 September 2022; Ref: scu.197777