A Local Authority v M & Ors

A Local Authority v M & Ors

The Local Authority cannot satisfy the s.31(2) Children Act 1989 threshold criteria for making a care or supervision order, as all expert medical evidence indicates the child’s injuries were accidental and there are no concerns about parental care; therefore, permission to withdraw proceedings must be granted.

Parties
Applicant: A Local Authority; 1st Respondent: M (Mother); 2nd Respondent: F (Father); 3rd Respondent: A (Child, through Children’s Guardian)
Jurisdiction
England and Wales
Judgment Date
13 November 2025
Procedural Posture
Care Order Application (children Act 1989) / Pre Trial Review; Application for Permission to Withdraw Proceedings
Outcome
Permission granted to withdraw care proceedings; proceedings ended.
Legal Topics
Care Orders, Withdrawal of Proceedings, Threshold Criteria, Expert Medical Evidence
Family Law Child Protection Care Orders Withdrawal of Proceedings Threshold Criteria Expert Medical Evidence

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 4 Authorities cited 9 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

A Local Authority

Applicant

M (Mother)

1st Respondent

F (Father)

2nd Respondent

A (Child, through Children’s Guardian)

3rd Respondent

Procedural Posture

Care Order Application (children Act 1989) / Pre Trial Review; Application for Permission to Withdraw Proceedings

Legal Issues

  1. 1 Whether the Local Authority can satisfy the s.31(2) Children Act 1989 threshold criteria for making a care or supervision order
  2. 2 Whether permission should be granted to withdraw care proceedings

Ratio Decidendi

The Local Authority cannot satisfy the s.31(2) Children Act 1989 threshold criteria for making a care or supervision order, as all expert medical evidence indicates the child’s injuries were accidental and there are no concerns about parental care; therefore, permission to withdraw proceedings must be granted.

Court Disposition

Permission granted to withdraw care proceedings; proceedings ended.

Orders

  • Permission granted for Local Authority to withdraw its application for a care order.
  • Fact finding hearing vacated.