A Local Authority v A Mother & Ors

A Local Authority v A Mother & Ors

The court found, on the balance of probabilities and based on unanimous expert medical evidence, that B's fatal injuries were caused by non-accidental trauma, specifically vigorous shaking by Mr X, and not by an accidental fall as described by him. The court also found that A suffered physical and emotional harm at the hands of Mr X, that the mother failed to protect A from Mr X's harsh discipline, and that the threshold criteria for significant harm under the Children Act 1989 were met.

Parties
Applicant: A Local Authority; 1st Respondent: A Mother; 2nd Respondent: A Father; 3rd Respondent: A (by their Children’s Guardian); 4th Respondent: Mr X
Jurisdiction
England and Wales
Judgment Date
07 September 2025
Procedural Posture
Family / Fact Finding Judgment
Outcome
Threshold criteria met; findings of non-accidental injury and failure to protect established.
Legal Topics
Non Accidental Injury, Threshold Criteria, Failure to Protect, Physical Abuse, Emotional Harm, Neglect
Family Law Child Protection Non Accidental Injury Threshold Criteria Failure to Protect Physical Abuse Emotional Harm Neglect

Case Brief

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Parties

A Local Authority

Applicant

A Mother

1st Respondent

A Father

2nd Respondent

A (by their Children’s Guardian)

3rd Respondent

Mr X

4th Respondent

Procedural Posture

Family / Fact Finding Judgment

Legal Issues

  1. 1 Whether B's fatal injuries were caused by non-accidental trauma and by whom
  2. 2 Whether A suffered physical and emotional harm or neglect in the care of the mother and/or Mr X
  3. 3 Whether the mother failed to protect A and/or B from harm

Ratio Decidendi

The court found, on the balance of probabilities and based on unanimous expert medical evidence, that B's fatal injuries were caused by non-accidental trauma, specifically vigorous shaking by Mr X, and not by an accidental fall as described by him. The court also found that A suffered physical and emotional harm at the hands of Mr X, that the mother failed to protect A from Mr X's harsh discipline, and that the threshold criteria for significant harm under the Children Act 1989 were met.

Court Disposition

Threshold criteria met; findings of non-accidental injury and failure to protect established.

Orders

  • Findings of fact as set out in paragraphs 176-178 of the judgment.
  • Threshold for care proceedings under s.31 Children Act 1989 crossed.