FINDING OF FACT JUDGMENT PARENTS PUT IN A COURT APPLICATION FOR APPEAL WHICH WAS DENIED

[Alison J Stevens]

https://www.bailii.org/ew/cases/EWCA/Civ/2022/952.html

The Parents were alleged to have caused the fracture so ? NAI Perceived child abuse was defined in this Case.

But the Baby suffered from a fractured clavicle, based on a troublesome birth, and a forceps delivery which may of caused the fracture.

The Father was found to be suffering from a genetic condition similar to EDS, where patients bruise very easily and sometimes unexplained fractures can occur with EDS.

The child was placed in foster care on a interim care order.

The child experienced injuries and bruising while in foster care.

The Judge seems to think that the Mother was more likely or not to have caused the fractures.

It has also been stated that the injuries could not have been caused by the troublesome birth and a forceps delivery.

The Parents tried to get permission to appeal the Judges Finding of  Fact Judgment but were denied.

So this baby could be forcibly adopted even though they were dome predisposing factors that the Father suffered from a genetic disorder similar to EDS where bruising and fractures can occur, and the issues of a forceps DELIVERY CAUSING THE FRACTURED CLAVICLE and injuries sustained while in Foster Care.