X and Y (Children), Re

X and Y (Children), Re

The court found, on balance of probabilities, that B caused Y's rib fractures through inappropriate handling and shook Y on 4 July 2023 in a panic, causing brain and spinal injuries; A is exonerated from causation and failure to protect; medical evidence and holistic context support findings of inflicted injury but not intentional loss of control.

Parties
Applicant: A Local Authority; First Respondent: A; Second Respondent: B; Third Respondents: X and Y (Children) through their Guardian
Jurisdiction
England and Wales
Judgment Date
15 April 2025
Procedural Posture
Care Proceedings (children Act 1989) / Fact Finding Judgment
Outcome
Findings of inflicted injury against B; A exonerated; threshold criteria met for significant harm attributable to unreasonable parenting.
Legal Topics
Inflicted Injury, Threshold Criteria, Burden of Proof, Medical Evidence, Pool of Perpetrators, Failure to Protect, Risk Assessment
Family Law Child Protection Inflicted Injury Threshold Criteria Burden of Proof Medical Evidence Pool of Perpetrators Failure to Protect +1 more

Case Brief

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Parties

A Local Authority

Applicant

A

First Respondent

B

Second Respondent

X and Y (Children) through their Guardian

Third Respondents

Procedural Posture

Care Proceedings (children Act 1989) / Fact Finding Judgment

Legal Issues

  1. 1 Whether injuries to Y were inflicted and by whom
  2. 2 Whether rib fractures and brain/spinal injuries were caused by normal handling, birth trauma, medical condition, or inflicted injury
  3. 3 Whether A failed to protect Y or should have known about injuries

Ratio Decidendi

The court found, on balance of probabilities, that B caused Y's rib fractures through inappropriate handling and shook Y on 4 July 2023 in a panic, causing brain and spinal injuries; A is exonerated from causation and failure to protect; medical evidence and holistic context support findings of inflicted injury but not intentional loss of control.

Court Disposition

Findings of inflicted injury against B; A exonerated; threshold criteria met for significant harm attributable to unreasonable parenting.

Orders

  • Local authority to undertake risk assessment regarding B
  • Rehabilitation of children to mother's care to proceed as soon as safely possible