S-B (Children)

Case summary

Case ID

UKSC/2009/0184

Parties

Appellant(s)

The mother

Respondent(s)

Trafford Borough Council

The children (acting by their Children's Guardian)

Issue

The case concerns the proper approach to deciding who has been responsible for harming a child in proceedings taken to protect that child, and others in the family, from harm and the consequences of such a decision.

Facts

At a fact-finding hearing, the judge decided that either the mother or the father had injured their baby boy. He had therefore suffered significant harm attributable to a lack of reasonable parental care, as required by section 31(2) of the Children Act 1989. The judge did not ask herself which parent was responsible, although she expressed the view that it was 60% likely that the father had injured the child and 40% likely that the mother had. The mother and father were separated and the father played no part in the proceedings. At the later welfare hearing, the judge approved the placement of the child for adoption, together with his younger brother, who had been born during the proceedings and placed with foster parents soon after birth. The mother, who had maintained contact and developed a good relationship with the children, appealed.

Date of issue

19 October 2009

Judgment appealed

Judgment details

Judgment date

14 December 2009

Neutral citation

[2009] UKSC 17

Judgment links

Appeal

Justices

Lord Hope

Lord Rodger

Lady Hale

Lord Brown

Lord Collins

Lord Kerr

Lord Clarke

Hearing dates

Full hearing

Start date

25 November 2009

End date

26 November 2009

Watch hearings

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