B (Care Proceedings : Finding of Fact Hearing : Skull Fractures)

This judgment was delivered in private. The judge has given leave for it to be reported on the strict understanding that (irrespective of what is contained in the judgment) in any report no person other than the advocates and any other persons identified by name in the judgment itself may be identified by name and that in particular the anonymity of the children, the adult members of their family and their location must be strictly preserved.

A local authority applies to the court for care orders in respect of two children, W aged 2 and B aged 8 months. The case comes before me for a finding of fact hearing.

On 3 rd December 2016 B was taken to the X Hospital. CT head scans disclosed that he had sustained bilateral parietal skull fractures with overlying soft tissue swelling. Initially the local authority sought a finding that the injuries were non-accidental injuries caused by one or other of the parents. On the morning of the first day of this hearing, having reviewed the evidence, the local authority served a re-amended schedule of findings sought. The local authority now seeks a finding that the injuries were inflicted by the father.

The father accepts that the injuries were sustained at a time when the children were in his sole care. He accepts that the mother bears no responsibility. Neither parent asserts that B is suffering from a relevant underlying medical condition. The sole issue for determination is whether the skull fractures are non-accidental injuries (the local authority�s case) or the result of the father accidentally dropping B onto the floor (the father�s case).

At the time when B sustained his injuries the parents had been living together for around five years. Until a few months before the index incident their relationship appears to have been stable. Children�s Social Care had not been involved in the life of the family.