A Local Authority v Mother & Ors

A Local Authority v Mother & Ors

The father caused virtually all the injuries to P, including brain injury, fractures, and bruises, through shaking and rough handling. The mother grossly failed to protect P despite clear evidence and warnings, leaving P in the father's care when she knew he posed a risk. No injuries were caused by the mother or maternal grandparents, but their failure to critically question explanations and protect P is concerning. The expert medical evidence is overwhelming and consistent; there is no clinical or genetic cause for P's injuries.

Parties
Applicant: A Local Authority; First Respondent: Mother; Second Respondent: Father; Third Respondent: P (A Child, through his Children’s Guardian); Intervener: Maternal Grandmother; Intervener: Maternal Grandfather; Intervener: Paternal Aunt
Jurisdiction
England and Wales
Judgment Date
08 June 2025
Procedural Posture
Care Order Application / Final Judgment
Outcome
Care order granted; findings of non-accidental injury and failure to protect.
Legal Topics
Care Orders, Non Accidental Injury, Failure to Protect, Expert Evidence, Burden of Proof
Family Law Child Protection Care Orders Non Accidental Injury Failure to Protect Expert Evidence Burden of Proof

Case Brief

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Parties

A Local Authority

Applicant

Mother

First Respondent

Father

Second Respondent

P (A Child, through his Children’s Guardian)

Third Respondent

Maternal Grandmother

Intervener

Maternal Grandfather

Intervener

Paternal Aunt

Intervener

Procedural Posture

Care Order Application / Final Judgment

Legal Issues

  1. 1 Whether the father caused non-accidental injuries to P
  2. 2 Whether the mother failed to protect P from harm
  3. 3 Whether maternal grandparents failed to protect P

Ratio Decidendi

The father caused virtually all the injuries to P, including brain injury, fractures, and bruises, through shaking and rough handling. The mother grossly failed to protect P despite clear evidence and warnings, leaving P in the father's care when she knew he posed a risk. No injuries were caused by the mother or maternal grandparents, but their failure to critically question explanations and protect P is concerning. The expert medical evidence is overwhelming and consistent; there is no clinical or genetic cause for P's injuries.

Court Disposition

Care order granted; findings of non-accidental injury and failure to protect.

Orders

  • Care order in respect of P
  • Findings that father caused non-accidental injuries to P