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The Family Court has granted a local authority permission to withdraw care proceedings relating to a two-year-old child, after concluding that it would not be able to meet the legal threshold required for a care or supervision order under the Children Act 1989.
The case arose after the child was taken to a GP due to a limp. Hospital examinations revealed a fracture to her leg, followed by further imaging which identified additional fractures. As the injuries were initially unexplained, the matter was referred to the local authority, and the child was temporarily placed in the care of relatives and family friends while care proceedings were issued.
During the proceedings, the Court considered reports from independent, court-appointed medical experts. The expert paediatric evidence did not support a finding of inflicted injury and concluded that the injuries were more likely to have been caused by an accidental fall. There were no wider safeguarding concerns, and the child was described as healthy and well cared for.
In light of the medical evidence, and with the support of all parties, the local authority applied for permission to withdraw its application. The Court agreed that the statutory threshold for intervention could not be met and granted permission for the proceedings to be withdrawn. The child was able to return home to her parents, with the Court expressing its approval of the outcome.
This case highlights the importance of robust medical evidence in care proceedings and the duty on local authorities to reassess their position where the legal threshold for intervention cannot be established.
❓ Key Questions and Answers
What is a care order?
A care order places a child under the care of a local authority where statutory criteria are met.
Can a local authority withdraw care proceedings?
Yes. With the Court’s permission, proceedings may be withdrawn if the evidence no longer supports the legal threshold.
What threshold must be met?
The local authority must show that the child has suffered, or is likely to suffer, significant harm attributable to care given or likely to be given.
Why was permission granted in this case?
Independent medical evidence did not support non-accidental injury, and no other safeguarding concerns were identified.