A Local Authority v A & Ors [2025] EWFC 295 (B) (01 August 2025)

A Local Authority v A & Ors [2025] EWFC 295 (B) (01 August 2025)

The court found, on the balance of probabilities, that the child's injuries (fractures, bruises, cut) were caused by the father using excessive and inappropriate force during leg cycling or nappy changing, and not by the mother or by any medical/genetic condition. The mother was excluded as a perpetrator. The...

Source-derived case information.

Citation
[2025] EWFC 295 (B)
Parties
Applicant: A Local Authority; First Respondent: Mother (A); Second Respondent: Father (A); Third Respondent: Child (B) via Guardian Emma Atkinson
Jurisdiction
England and Wales
Judgment Date
01 August 2025
Procedural Posture
Care Proceedings (public Law) / Fact Finding Judgment
Outcome
Findings of fact made: injuries caused by the father using excessive force; mother excluded as perpetrator; threshold met for care proceedings.
Legal Topics
Non Accidental Injury, Threshold Criteria, Fact Finding, Expert Medical Evidence, Pool of Perpetrators
Family Law Child Protection Non Accidental Injury Threshold Criteria Fact Finding Expert Medical Evidence Pool of Perpetrators

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Summary, issues, holding and outcome

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Parties

A Local Authority

Applicant

Mother (A)

First Respondent

Father (A)

Second Respondent

Child (B) via Guardian Emma Atkinson

Third Respondent

Procedural Posture

Care Proceedings (public Law) / Fact Finding Judgment

Legal Issues

  1. 1 Whether injuries to the child were inflicted by one or both parents
  2. 2 Whether injuries could be explained by medical/genetic conditions or accidental means
  3. 3 Identification of perpetrator(s) on the balance of probabilities

Ratio Decidendi

The court found, on the balance of probabilities, that the child's injuries (fractures, bruises, cut) were caused by the father using excessive and inappropriate force during leg cycling or nappy changing, and not by the mother or by any medical/genetic condition. The mother was excluded as a perpetrator. The injuries were not accidental or medically explained. The father failed to recognise the pain response and used inappropriate handling, leading to the injuries.

Court Disposition

Findings of fact made: injuries caused by the father using excessive force; mother excluded as perpetrator; threshold met for care proceedings.

Orders

  • Findings of fact as set out in the judgment
  • Mother excluded from pool of perpetrators