A Local Authority v Mother & Ors [2025] EWFC 145 (B) (12 February 2025)

A Local Authority v Mother & Ors [2025] EWFC 145 (B) (12 February 2025)

The court found that all of A's injuries were non-accidental and inflicted by excessive force, most likely by gripping, and that there is a real possibility that either or both parents inflicted the injuries. The parents failed to provide a plausible or honest account and failed to protect A from harm. The threshold for significant harm under s.31(2) Children Act 1989 was met.

Citation
[2025] EWFC 145 (B)
Parties
Applicant: A Local Authority; First Respondent: Mother; Second Respondent: Father; Third Respondent: A; Intervenor: Ms B
Jurisdiction
England and Wales
Judgment Date
12 February 2025
Procedural Posture
Care Proceedings (public Law) / Fact Finding Hearing
Outcome
Findings of fact made against both parents; threshold for significant harm met under s.31(2) Children Act 1989; Ms B discharged as intervenor; future welfare orders to be determined at a later hearing.
Legal Topics
Non Accidental Injury, Threshold Criteria, Pool of Perpetrators, Failure to Protect, Fact Finding, Section 31 Children Act 1989
Family Law Child Protection Non Accidental Injury Threshold Criteria Pool of Perpetrators Failure to Protect Fact Finding Section 31 Children Act 1989

Case Brief

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Parties

A Local Authority

Applicant

Mother

First Respondent

Father

Second Respondent

A

Third Respondent

Ms B

Intervenor

Procedural Posture

Care Proceedings (public Law) / Fact Finding Hearing

Legal Issues

  1. 1 Whether A's injuries were non-accidental
  2. 2 Whether the local authority has proved who inflicted the injuries
  3. 3 Whether there is a real possibility that any identifiable person inflicted A's injuries

Ratio Decidendi

The court found that all of A's injuries were non-accidental and inflicted by excessive force, most likely by gripping, and that there is a real possibility that either or both parents inflicted the injuries. The parents failed to provide a plausible or honest account and failed to protect A from harm. The threshold for significant harm under s.31(2) Children Act 1989 was met.

Court Disposition

Findings of fact made against both parents; threshold for significant harm met under s.31(2) Children Act 1989; Ms B discharged as intervenor; future welfare orders to be determined at a later hearing.

Orders

  • Findings that A suffered non-accidental injuries caused by excessive force by either or both parents.
  • Finding that parents failed to protect A from harmful handling by a third party on 22 June 2024.