A Council v Mother & Ors

A Council v Mother & Ors

The mother was the sole carer with opportunity, motive, and her evidence was not credible. The injuries to A were caused by the mother in one or more moments of loss of control when overwhelmed. The father is excluded as perpetrator due to lack of opportunity, motive, or propensity. The threshold for a care order is met as A suffered significant harm due to non-accidental injuries inflicted by her mother.

Parties
Applicant: A Council; 1st Respondent: Mother; 2nd Respondent: Father; 3rd Respondent: Maternal Grandmother; 4th Respondent: Paternal Grandfather; 5th Respondent: A (by her Children’s Guardian); 6th & 7th Respondents: B & C (by their Children’s Guardian)
Jurisdiction
England and Wales
Judgment Date
22 November 2024
Procedural Posture
Care Order Application (children Act 1989) / Fact Finding Hearing
Outcome
Findings of fact made: Mother caused non-accidental injuries to A; father excluded as perpetrator; threshold for care order met.
Legal Topics
Care Orders, Non Accidental Injury, Identification of Perpetrator, Threshold Criteria, Fact Finding
Family Law Child Protection Care Orders Non Accidental Injury Identification of Perpetrator Threshold Criteria Fact Finding

Case Brief

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Parties

A Council

Applicant

Mother

1st Respondent

Father

2nd Respondent

Maternal Grandmother

3rd Respondent

Paternal Grandfather

4th Respondent

A (by her Children’s Guardian)

5th Respondent

B & C (by their Children’s Guardian)

6th & 7th Respondents

Procedural Posture

Care Order Application (children Act 1989) / Fact Finding Hearing

Legal Issues

  1. 1 Whether A suffered non-accidental/inflicted injuries
  2. 2 If so, who perpetrated the injuries
  3. 3 Whether threshold for care order under s.31 Children Act 1989 is met

Ratio Decidendi

The mother was the sole carer with opportunity, motive, and her evidence was not credible. The injuries to A were caused by the mother in one or more moments of loss of control when overwhelmed. The father is excluded as perpetrator due to lack of opportunity, motive, or propensity. The threshold for a care order is met as A suffered significant harm due to non-accidental injuries inflicted by her mother.

Court Disposition

Findings of fact made: Mother caused non-accidental injuries to A; father excluded as perpetrator; threshold for care order met.

Orders

  • Findings as stated against mother; no findings against father; further welfare hearing to be listed for final care planning for A.