A Local Authority v The Mother & Ors

A Local Authority v The Mother & Ors

The court found that H suffered non-accidental injuries caused by blunt force trauma while in the care of her parents, both of whom had opportunity and knowledge of the injuries, failed to seek medical attention, and colluded to conceal the truth. The evidence did not permit identification of a single perpetrator but established both parents in the pool. The threshold for a care order was crossed due to inflicted injury, ongoing substance misuse, domestic abuse, dishonesty, and failure to protect. The only safe and proportionate outcome was a Special Guardianship Order to the current carers with a 12-month Supervision Order and monthly supervised contact.

Parties
Applicant: A Local Authority; 1st Respondent: The Mother (Ms M); 2nd Respondent: The Father (Mr F); 3rd Respondent: H (by her Children's Guardian); Intervenor: The Intervenor (Ms I)
Jurisdiction
England and Wales
Judgment Date
10 April 2026
Procedural Posture
Care Proceedings (children Act 1989) / Judgment After Composite Fact Finding and Welfare Hearing
Outcome
Special Guardianship Order to current carers; Supervision Order for 12 months; no contact order; monthly supervised contact; Intervenor exonerated.
Legal Topics
Care Orders, Special Guardianship Orders, Non Accidental Injury, Fact Finding Hearings, Welfare Analysis, Supervision Orders
Family Law Child Protection Care Orders Special Guardianship Orders Non Accidental Injury Fact Finding Hearings Welfare Analysis Supervision Orders

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 28 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

A Local Authority

Applicant

The Mother (Ms M)

1st Respondent

The Father (Mr F)

2nd Respondent

H (by her Children's Guardian)

3rd Respondent

The Intervenor (Ms I)

Intervenor

Procedural Posture

Care Proceedings (children Act 1989) / Judgment After Composite Fact Finding and Welfare Hearing

Legal Issues

  1. 1 Whether H suffered non-accidental/inflicted injuries and, if so, who perpetrated them
  2. 2 Whether threshold for care order under Children Act 1989 s.31 is met
  3. 3 Appropriate long-term placement and orders for H's welfare

Ratio Decidendi

The court found that H suffered non-accidental injuries caused by blunt force trauma while in the care of her parents, both of whom had opportunity and knowledge of the injuries, failed to seek medical attention, and colluded to conceal the truth. The evidence did not permit identification of a single perpetrator but established both parents in the pool. The threshold for a care order was crossed due to inflicted injury, ongoing substance misuse, domestic abuse, dishonesty, and failure to protect. The only safe and proportionate outcome was a Special Guardianship Order to the current carers with a 12-month Supervision Order and monthly supervised contact.

Court Disposition

Special Guardianship Order to current carers; Supervision Order for 12 months; no contact order; monthly supervised contact; Intervenor exonerated.

Orders

  • Special Guardianship Order in favour of current carers (maternal aunt and uncle)
  • Supervision Order for 12 months to the Local Authority