A, B & C, In the Matter Of [2025] EWFC 105 (B) (16 April 2025)

A, B & C, In the Matter Of [2025] EWFC 105 (B) (16 April 2025)

The local authority failed to establish, on the balance of probabilities, that A's rib fractures were non-accidental or inflicted injuries attributable to parental care. The expert evidence did not exclude all plausible medical or accidental explanations, and the parents' denials and alternative hypotheses could not be disproved. In light of the totality of evidence and the legal principles requiring caution where causation is uncertain, the threshold criteria for care orders were not met. The local authority was permitted to withdraw its applications.

Citation
[2025] EWFC 105 (B)
Parties
Applicant: A Council; 1st Respondent: Mother; 2nd Respondent: Father; 3rd Respondents: A, B & C (by their Children's Guardian)
Jurisdiction
England and Wales
Judgment Date
16 April 2025
Procedural Posture
Care Proceedings (children Act 1989) / Fact Finding Hearing; Application for Withdrawal
Outcome
Applications withdrawn; no findings of non-accidental injury made against the parents.
Legal Topics
Care Orders, Non Accidental Injury, Threshold Criteria, Expert Medical Evidence, Withdrawal of Proceedings
Family Law Child Protection Care Orders Non Accidental Injury Threshold Criteria Expert Medical Evidence Withdrawal of Proceedings

Case Brief

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Parties

A Council

Applicant

Mother

1st Respondent

Father

2nd Respondent

A, B & C (by their Children's Guardian)

3rd Respondents

Procedural Posture

Care Proceedings (children Act 1989) / Fact Finding Hearing; Application for Withdrawal

Legal Issues

  1. 1 Whether rib fractures sustained by child A were non-accidental/inflicted injuries
  2. 2 Whether threshold criteria under s.31(2) Children Act 1989 are met
  3. 3 Whether the injuries could be explained by medical or accidental causes

Ratio Decidendi

The local authority failed to establish, on the balance of probabilities, that A's rib fractures were non-accidental or inflicted injuries attributable to parental care. The expert evidence did not exclude all plausible medical or accidental explanations, and the parents' denials and alternative hypotheses could not be disproved. In light of the totality of evidence and the legal principles requiring caution where causation is uncertain, the threshold criteria for care orders were not met. The local authority was permitted to withdraw its applications.

Court Disposition

Applications withdrawn; no findings of non-accidental injury made against the parents.

Orders

  • Permission granted to the local authority to withdraw care proceedings in respect of A, B, and C.
  • No findings of inflicted injury or threshold harm made against the parents.