A (Children) (care orders)

Family proceedings – Orders in family proceedings. In an appeal by a local authority concerning care orders for five children in circumstances where one of their siblings had died at the family home, the trial judge had erred in the findings he had made in relation to certain medical evidence and, thereafter, had failed properly to consider the totality of the evidence prior to determining that the outcome of the case had to be decided in percentage terms by reference only to the burden of proof. Consequently, the Court of Appeal Civil Division, allowed the authority's appeal against the judge's decision that the authority had failed to prove that the fatal and other injuries suffered by the child had been deliberately effected with the result that the threshold criteria set out in s 31(2) of the Children Act 1989 had not been satisfied in relation to each of the children.

Category: