B, In the Matter Of [2026] EWFC 107 (B) (14 May 2026)

B, In the Matter Of [2026] EWFC 107 (B) (14 May 2026)

The court found that B suffered significant harm in the form of a complex skull fracture and associated injuries while in the care of her parents. The medical evidence established that the injuries required significant force and were highly unusual for a domestic accident. The parents' explanations were inconsistent, lacked credibility, and did not provide a plausible accidental mechanism. The court concluded, on the balance of probabilities, that the injuries were non-accidental and inflicted by one or both parents, who failed to provide a truthful account. The threshold criteria under s.31 Children Act 1989 were met due to inflicted injury, neglect, and emotional harm. Findings of...

Citation
[2026] EWFC 107 (B)
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 Proceedings (application for Care Order) / Final Judgment Following Fact Finding Hearing
Outcome
Findings of non-accidental injury, neglect, and domestic abuse established against both parents; threshold criteria met for care order.
Legal Topics
Care Orders, Non Accidental Injury, Threshold Criteria, Fact Finding, Domestic Abuse, Neglect, Parental Capacity, Expert Medical Evidence
Family Law Child Protection Care Orders Non Accidental Injury Threshold Criteria Fact Finding Domestic Abuse Neglect +2 more

Case Brief

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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 Proceedings (application for Care Order) / Final Judgment Following Fact Finding Hearing

Legal Issues

  1. 1 Whether B suffered non-accidental injuries while in the care of her parents
  2. 2 Whether the injuries were caused deliberately or accidentally
  3. 3 Whether either or both parents failed to protect B

Ratio Decidendi

The court found that B suffered significant harm in the form of a complex skull fracture and associated injuries while in the care of her parents. The medical evidence established that the injuries required significant force and were highly unusual for a domestic accident. The parents' explanations were inconsistent, lacked credibility, and did not provide a plausible accidental mechanism. The court concluded, on the balance of probabilities, that the injuries were non-accidental and inflicted by one or both parents, who failed to provide a truthful account. The threshold criteria under s.31 Children Act 1989 were met due to inflicted injury, neglect, and emotional harm. Findings of...

Court Disposition

Findings of non-accidental injury, neglect, and domestic abuse established against both parents; threshold criteria met for care order.

Orders

  • Care order application proceeds to welfare stage; B to remain in foster care pending further determination.
  • Local Authority plan for adoption without direct contact to be considered at welfare hearing.