02 May Re A
We represented a mother in this case. One of the children had sustained two metaphyseal fractures, one to the distal humeral and the other to the proximal tibia fractures. The Local Authority sought finings that the injuries have been caused non-accidentally. It was asserted that neither fracture had a plausible explanation and that the other siblings on the balance of probabilities could not have caused the fractures. The maternal grandmother was also in the pool of potential perpetrators. A Paediatrician and Paediatric Radiologist was instructed to assist the Court in this matter. After hearing evidence at a Finding of Fact Hearing the mother was removed from the pool of potential perpetrators and that Court found that the fractures were caused by one or other of the siblings. The Court found that the mother has not failed to supervise adequately. The family were reunited.