Y, V & B (Fact-Finding: Perpetrator), Re

Y, V & B (Fact-Finding: Perpetrator), Re

The judge erred in law by failing to identify either a perpetrator or a pool of possible perpetrators of the child's injuries, rendering the findings insufficient for welfare decision-making and necessitating a rehearing.

Parties
Appellants (children, by Guardian): Y, V and B; First Respondent: Local Authority; Second Respondent: Mother; Third Respondent: Father
Jurisdiction
England and Wales
Judgment Date
13 March 2025
Procedural Posture
Appeal (care Proceedings) / Appeal Judgment, Remittal for Rehearing
Outcome
Appeal allowed; matter remitted for rehearing before another judge.
Legal Topics
Care Proceedings, Fact Finding Hearings, Perpetrator Identification, Threshold Criteria, Procedural Fairness
Family Law Child Protection Care Proceedings Fact Finding Hearings Perpetrator Identification Threshold Criteria Procedural Fairness

Case Brief

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Parties

Y, V and B

Appellants (children, by Guardian)

Local Authority

First Respondent

Mother

Second Respondent

Father

Third Respondent

Procedural Posture

Appeal (care Proceedings) / Appeal Judgment, Remittal for Rehearing

Legal Issues

  1. 1 Whether the judge erred in law by failing to identify the perpetrator or pool of perpetrators of serious injuries to a child
  2. 2 Whether the threshold criteria under s.31(2) Children Act 1989 were properly satisfied
  3. 3 Whether procedural fairness was compromised by the judge's findings

Ratio Decidendi

The judge erred in law by failing to identify either a perpetrator or a pool of possible perpetrators of the child's injuries, rendering the findings insufficient for welfare decision-making and necessitating a rehearing.

Court Disposition

Appeal allowed; matter remitted for rehearing before another judge.

Orders

  • Case remitted for rehearing and allocation before Presiding Family Judge.
  • Expedited case management directions to avoid prior procedural issues.