ON APPEAL FROM Cambridge County Court
His Honour Judge Yelton
Strand, London, WC2A 2LL
B e f o r e :
LORD JUSTICE RYDER
LORD JUSTICE CHRISTOPHER CLARKE
| In the matter of S (A Child)
Cambridgeshire County Council
|- and -
S (A Child)
(by her Children's Guardian)
Mr Christopher Bramwell (instructed by CB4Law Solicitors) for the First Respondent
Ms Margot Elliott (instructed by TV Edwards LLP) for the Second Respondent
Miss Eilidh Gardner (instructed by Janet Thompson Solicitors) for the Third Respondent
Hearing date: 4 December 2013
Crown Copyright ©
Lord Justice Ryder:
"31(2) A court may only make a care order or supervision order if it is satisfied -
(a) that the child concerned is suffering, or is likely to suffer, significant harm; and
(b) that the harm or likelihood of harm, is attributable to -
(i) the care given to the child, or likely to be given to him if the order were not made, not being what it would be reasonable to expect a parent to give to him;
(ii) the child's being beyond parental control."
i) the judge was inconsistent in finding that there had been an injury and that the parents had not deliberately inflicted the same;
ii) the judge's conclusion that the injury had been sustained in an unexplained accidental way was inconsistent with the medical evidence and/or his other findings;
iii) the judge was wrong not to draw the inference that the parents' lies were indicative of their culpability;
iv) the judge's reasoning for his finding that the parents had not injured their child was insufficient.
"The skull fracture can occur as a result of accidental injury. In this context fracture most commonly arises from a fall from a carer's arms and results in an un-displaced unilateral fracture most often of parietal or occipital bone. Skull fractures may also occur as a result of impact in the context of non-accidental head trauma. If the injury is non-accidental, a fracture may also be displaced, comminuted, involves (sic) more than one bone or if there are multiple fractures in the same bone, it is more likely that the injury is non-accidental in origin"
i) as a consequence of active case management by the court which includes in accordance with rule 1.4:
"(a) setting timetables […],
(b) identifying at an early stage […] the issues,
(c) deciding promptly (i) which issues need full investigation and hearing and which do not; and (ii) the procedure to be followed in the case;
(d) deciding the order in which issues are to be resolved;
(i) considering the likely benefits of taking a particular step justify the cost of taking it;
(j) dealing with as many aspects of the case as it can on the same occasion;
(m) giving directions to ensure that the case proceeds quickly and efficiently."
ii) in accordance with the child's welfare having regard to the timetable for the child within the meaning of that concept in para  of pilot PD12A; and
iii) in accordance with the timetable for proceedings within the meaning of that concept in para  pilot PD12A.
Lord Justice Christopher Clarke:
Lord Justice Tomlinson