N (A Child) (Death of Sibling), Re [2025] EWFC 325 (08 October 2025)

N (A Child) (Death of Sibling), Re [2025] EWFC 325 (08 October 2025)

The court found, on the balance of probabilities, that the father inflicted the non-accidental injuries on A, resulting in A's death, based on consistent expert medical evidence and the father's history of violence and dishonesty. The mother failed to protect A and N by ignoring clear signs of risk and abuse,...

Source-derived case information.

Citation
[2025] EWFC 325
Parties
Applicant: A local authority; 1st Respondent: Mother (M); 2nd Respondent: Father (F); 3rd Respondent: N (by her Guardian)
Jurisdiction
England and Wales
Judgment Date
08 October 2025
Procedural Posture
Care Proceedings (family Court) / Final Judgment After Fact Finding Hearing
Outcome
Findings of fact made: father perpetrated non-accidental injuries causing A's death; mother failed to protect. Threshold for care order met.
Legal Topics
Non Accidental Injury, Care Orders, Failure to Protect, Expert Medical Evidence, Burden of Proof, Standard of Proof, Domestic Violence, Parental Responsibility
Family Law Child Protection Non Accidental Injury Care Orders Failure to Protect Expert Medical Evidence Burden of Proof Standard of Proof +2 more

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Summary, issues, holding and outcome

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Parties

A local authority

Applicant

Mother (M)

1st Respondent

Father (F)

2nd Respondent

N (by her Guardian)

3rd Respondent

Procedural Posture

Care Proceedings (family Court) / Final Judgment After Fact Finding Hearing

Legal Issues

  1. 1 Whether injuries to A (deceased child) were non-accidental and inflicted by a parent
  2. 2 Whether the mother failed to protect A from foreseeable harm
  3. 3 Whether the threshold for a care order is met

Ratio Decidendi

The court found, on the balance of probabilities, that the father inflicted the non-accidental injuries on A, resulting in A's death, based on consistent expert medical evidence and the father's history of violence and dishonesty. The mother failed to protect A and N by ignoring clear signs of risk and abuse, despite knowledge of the father's prior conduct and the small, isolated family environment. The threshold for a care order was met.

Court Disposition

Findings of fact made: father perpetrated non-accidental injuries causing A's death; mother failed to protect. Threshold for care order met.

Orders

  • N to remain in foster care under interim care order pending welfare determination
  • Findings to be made available for any future criminal or family proceedings