A Local Authority v Mother & Ors

A Local Authority v Mother & Ors

The injury to child A occurred on 26th October 2023 while in the sole care of the father, caused by his negligent or reckless actions, not a pure accident. The father was dishonest about causation. The mother knew the injury occurred in the father's care but did not know the precise mechanism, and failed to challenge or disclose due to loyalty and lack of insight. Both parents misused substances and concealed relevant information.

Parties
Applicant: A Local Authority; First Respondent: Mother; Second Respondent: Father; Third Respondent: The Child (by their Children’s Guardian)
Jurisdiction
England and Wales
Judgment Date
18 March 2025
Procedural Posture
Care Proceedings / Final Judgment
Outcome
Threshold for care order crossed; final care order granted; period for further assessment ordered.
Legal Topics
Care Order, Non Accidental Injury, Negligent Supervision, Substance Misuse, Threshold Criteria
Family Law Child Protection Care Order Non Accidental Injury Negligent Supervision Substance Misuse Threshold Criteria

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Parties

A Local Authority

Applicant

Mother

First Respondent

Father

Second Respondent

The Child (by their Children’s Guardian)

Third Respondent

Procedural Posture

Care Proceedings / Final Judgment

Legal Issues

  1. 1 Causation of injury to child A
  2. 2 Failure to protect
  3. 3 Substance misuse by parents

Ratio Decidendi

The injury to child A occurred on 26th October 2023 while in the sole care of the father, caused by his negligent or reckless actions, not a pure accident. The father was dishonest about causation. The mother knew the injury occurred in the father's care but did not know the precise mechanism, and failed to challenge or disclose due to loyalty and lack of insight. Both parents misused substances and concealed relevant information.

Court Disposition

Threshold for care order crossed; final care order granted; period for further assessment ordered.

Orders

  • Final care order made for child A
  • Further assessment of parental capacity and future care planning ordered