Whenever a child suffers injuries where there are concerns as to how the injuries were caused and the Local Authority makes a public law application to the Court, it is important that the fact-finding process considers all possible explanations for the injuries.
The Court of Appeal recently emphasised the importance that each objectively relevant possible cause of the injury should be investigated as early as possible.
The recent case of A v Cardiff City County and Others involved focus upon the causation of a fracture to the parents’ daughter’s right leg. The parents had given two possible explanations for the fracture. One of those explanations was that the injury had occurred whilst the child had been in the unsupervised care of their eleven-year old niece whom it is suggested had (accidentally) dropped the child but held her legs. The medical expert had suggested this could be an explanation for the fracture.
On the successful Appeal by the parents against the finding that they had caused the injury to their daughter the Court of Appeal underlined the importance of the Local Authority looking objectively at each possible given explanation for an injury and fully investigating it.
This recent case reminds us of the need to fully investigate explanations and the responsibility on all legal representatives and other professionals involved in cases of injuries to children to ensure that there is a comprehensive consideration and analysis of possible causes of the injury.
We at Stephens Scown have significant experience of dealing with cases where sadly children have suffered injury, the Local Authority are involved and a fact-finding process is required to determine the causes of the injury.