Re B – Fact Finding (Use of AI for Judgment Summary for Parents with Learning Difficulties)

Re B – Fact Finding (Use of AI for Judgment Summary for Parents with Learning Difficulties)

B suffered a serious head injury while in the care of her parents. The injury was caused by an event involving one of the parents, and the care given fell below the standard expected of a reasonable parent. The medical evidence does not exclude an unusual accidental mechanism. The court cannot identify the perpetrator on the balance of probabilities; both parents remain in the pool of possible perpetrators. The threshold criteria under section 31(2) Children Act 1989 are met. There is no finding of deliberate infliction, failure to protect, domestic abuse, or neglect at this stage.

Parties
Applicant: A Council; 1st Respondent: The Mother; 2nd Respondent: The Father; 3rd Respondent: B (A Child) (by her Children's Guardian)
Jurisdiction
England and Wales
Judgment Date
14 May 2026
Procedural Posture
Care Order Application / Final Fact Finding Judgment
Outcome
Threshold criteria met; matter to proceed to welfare stage.
Legal Topics
Care Orders, Non Accidental Injury, Threshold Criteria, Pool of Perpetrators, Fact Finding, Parental Capacity, Delay in Proceedings
Family Law Child Protection Care Orders Non Accidental Injury Threshold Criteria Pool of Perpetrators Fact Finding Parental Capacity +1 more

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Parties

A Council

Applicant

The Mother

1st Respondent

The Father

2nd Respondent

B (A Child) (by her Children's Guardian)

3rd Respondent

Procedural Posture

Care Order Application / Final Fact Finding Judgment

Legal Issues

  1. 1 Whether B's injuries were caused deliberately or accidentally
  2. 2 Identification of perpetrator(s) of injury
  3. 3 Whether threshold criteria under section 31(2) Children Act 1989 are met

Ratio Decidendi

B suffered a serious head injury while in the care of her parents. The injury was caused by an event involving one of the parents, and the care given fell below the standard expected of a reasonable parent. The medical evidence does not exclude an unusual accidental mechanism. The court cannot identify the perpetrator on the balance of probabilities; both parents remain in the pool of possible perpetrators. The threshold criteria under section 31(2) Children Act 1989 are met. There is no finding of deliberate infliction, failure to protect, domestic abuse, or neglect at this stage.

Court Disposition

Threshold criteria met; matter to proceed to welfare stage.

Orders

  • Both parents remain in the pool of possible perpetrators.
  • Directions to obtain further assessments and evidence for welfare determination.