A Council v JC & Ors

A Council v JC & Ors

The court cannot identify on the balance of probabilities which parent inflicted the fatal injury to M; both parents had opportunity and have concealed evidence. Both parents' substance misuse, volatile relationship, and failure to seek timely medical attention place L at risk of significant harm. The mother cannot...

Source-derived case information.

Parties
Applicant: A Council; 1st Respondent: JC; 2nd Respondent: PL; 3rd Respondent: L (through his children’s guardian)
Jurisdiction
England and Wales
Judgment Date
12 November 2025
Procedural Posture
Family / Composite Fact Finding and Welfare Hearing
Outcome
Special Guardianship Order granted for L to current foster carers; mother to have contact six times a year with stepped reduction.
Legal Topics
Special Guardianship, Domestic Abuse, Drug Misuse, Fact Finding, Threshold Criteria
Family Law Child Protection Special Guardianship Domestic Abuse Drug Misuse Fact Finding Threshold Criteria

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Parties

A Council

Applicant

JC

1st Respondent

PL

2nd Respondent

L (through his children’s guardian)

3rd Respondent

Procedural Posture

Family / Composite Fact Finding and Welfare Hearing

Legal Issues

  1. 1 Determination of perpetrator of fatal injury to child M
  2. 2 Assessment of parental capacity and risk to child L
  3. 3 Appropriateness of Special Guardianship Order for L

Ratio Decidendi

The court cannot identify on the balance of probabilities which parent inflicted the fatal injury to M; both parents had opportunity and have concealed evidence. Both parents' substance misuse, volatile relationship, and failure to seek timely medical attention place L at risk of significant harm. The mother cannot demonstrate sufficient change within L's timescales to safely care for him. It is in L's best interests to remain permanently with his foster carers under a Special Guardianship Order.

Court Disposition

Special Guardianship Order granted for L to current foster carers; mother to have contact six times a year with stepped reduction.

Orders

  • L to remain permanently with foster carers under Special Guardianship Order.
  • Mother to have contact with L six times a year, subject to reduction.