A Local Authority v Mother & Ors [2026] EWFC 96 (30 January 2026)

A Local Authority v Mother & Ors [2026] EWFC 96 (30 January 2026)

The court found, on the balance of probabilities, that the disputed injuries (bruises and fractures) sustained by T were inflicted and not caused by the birth process or any organic condition. The threshold for care proceedings was met. Neither parent provided a plausible explanation for the injuries, and the expert evidence did not support a birth-related cause for the fractures or bruising observed after the neonatal period.

Citation
[2026] EWFC 96
Parties
Applicant: A Local Authority; First Respondent: Mother; Second Respondent: Father; Third Respondent: Child (By the Children's Guardian)
Jurisdiction
England and Wales
Judgment Date
30 January 2026
Procedural Posture
Care Proceedings (public Law, Fact Finding) / Fact Finding Judgment After Hearing
Outcome
Findings of fact made as sought by the local authority, with one amendment; threshold for care proceedings met.
Legal Topics
Non Accidental Injury, Care Orders, Threshold Criteria, Expert Evidence, Fact Finding Hearing
Family Law Child Protection Non Accidental Injury Care Orders Threshold Criteria Expert Evidence Fact Finding Hearing

Case Brief

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Parties

A Local Authority

Applicant

Mother

First Respondent

Father

Second Respondent

Child (By the Children's Guardian)

Third Respondent

Procedural Posture

Care Proceedings (public Law, Fact Finding) / Fact Finding Judgment After Hearing

Legal Issues

  1. 1 Whether the injuries (bruises and fractures) sustained by T were inflicted or accidental/birth-related
  2. 2 Whether the threshold for care proceedings is met under s.31 Children Act 1989
  3. 3 Whether either parent perpetrated or failed to protect T from non-accidental injury

Ratio Decidendi

The court found, on the balance of probabilities, that the disputed injuries (bruises and fractures) sustained by T were inflicted and not caused by the birth process or any organic condition. The threshold for care proceedings was met. Neither parent provided a plausible explanation for the injuries, and the expert evidence did not support a birth-related cause for the fractures or bruising observed after the neonatal period.

Court Disposition

Findings of fact made as sought by the local authority, with one amendment; threshold for care proceedings met.

Orders

  • Findings of non-accidental injury made against the parents.
  • Threshold criteria under s.31 Children Act 1989 satisfied.