A, B & C, Re

A, B & C, Re

The local authority, having heard expert evidence that left open the possibility of an organic cause for A's injuries and unable to exclude metabolic bone disease or other non-inflicted causes, could not satisfy the threshold criteria under s.31(2) Children Act 1989. The court granted permission to withdraw the applications, making no findings of inflicted injury or parental culpability.

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/supervision Order Application Under Children Act 1989 / Final Judgment on Fact Finding and Withdrawal Application
Outcome
Permission granted to withdraw care/supervision order applications; no findings made; proceedings concluded.
Legal Topics
Care Proceedings, Fact Finding Hearing, Withdrawal of Application, Threshold Criteria, Expert Medical Evidence, Non Accidental Injury, Metabolic Bone Disease, Burden of Proof
Family Law Child Protection Care Proceedings Fact Finding Hearing Withdrawal of Application Threshold Criteria Expert Medical Evidence Non Accidental Injury +2 more

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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/supervision Order Application Under Children Act 1989 / Final Judgment on Fact Finding and Withdrawal Application

Legal Issues

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

Ratio Decidendi

The local authority, having heard expert evidence that left open the possibility of an organic cause for A's injuries and unable to exclude metabolic bone disease or other non-inflicted causes, could not satisfy the threshold criteria under s.31(2) Children Act 1989. The court granted permission to withdraw the applications, making no findings of inflicted injury or parental culpability.

Court Disposition

Permission granted to withdraw care/supervision order applications; no findings made; proceedings concluded.

Orders

  • Permission granted to the local authority to withdraw its applications.
  • No findings of fact made against the parents.