The Family Court recently granted a local authority permission to withdraw an application for a care order in respect of a two-year-old girl, after the local authority concluded that, in the light of the medical evidence, it would not be able to meet the threshold criteria in Section 31(2) of the Children Act 1989 for making a care or supervision order.
The girl’s mother had taken her to see her GP after noticing that she was limping. The girl was admitted to hospital and X-rays showed that she had a greenstick fracture of the left tibia. The hospital then made a referral to the local authority. A skeletal survey and an MRI scan showed a number of other fractures, which the parents were unable to explain. The girl initially moved to the care of her aunt and was subsequently cared for by family friends. The local authority applied for a care order in respect of her.
Reports were prepared by court-appointed medical experts, which did not support a finding of inflicted injury. The opinion of the consultant paediatrician appointed by the court was that the girl had more likely than not had an accidental fall from standing. She also stated that the girl was an otherwise healthy child and that there had been no prior concerns about her health, safety and wellbeing. Following the medical reports, the local authority sought permission to withdraw its application. This was supported by all of the other parties involved in the case.
The Court observed that no other concerns had been raised. There was no evidence of conflict in the parents’ relationship. They had engaged well with the local authority and the other professionals, and had attended all of the hearings. There was no evidence that the girl was uncomfortable with them: the evidence pointed to her being a much-loved child who was well cared for by her parents.
The local authority submitted that its application to withdraw the proceedings fell within the category of applications where it would be unable to satisfy the threshold criteria under Section 31(2) for making a care or supervision order. Agreeing with that assessment, the Court granted the local authority permission to withdraw its application for a care order. The Court expressed its pleasure that the girl would be returning home, and wished her and her parents the very best in the future.