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25th Sep 2024 | Cases
Matthew Brookes-Baker, instructed by OLG Solicitors, represented the Third to Fourth Respondent children by their Children’s Guardian and Vicky Reynolds represented the Applicant Council in C1 and C2 (Children: Fact Finding) [2024] EWFC 247 (B); fact-finding in care proceedings concerning cause of injury to child.
The court found that on 24 December 2023 Child 1 (C1) suffered a fracture to the right humerus and that this fracture was caused by the Paternal Grandmother accidentally exerting an inappropriate level of force in the course of dressing C1 into a pram suit. The Mother and Father unreasonably failed to seek medical attention from 25 to 27 December 2023. The court additionally found that the Father perpetrated domestic abuse against the Mother through physical and verbal abuse and that he engaged in problematic drinking. It was also found that the Father lied to the court about C1’s presentation in the aftermath of the fracture in order to exculpate himself from blame for not seeking medical attention.
Based on these findings the court was satisfied that the section 31(2) Children Act 1989 threshold had been met.