N (A Child) (Death of Sibling), Re

N (A Child) (Death of Sibling), Re

The father inflicted both the earlier rib fractures and the fatal injuries on A through non-accidental means, as established by consistent expert medical evidence and circumstantial evidence including his history of violence, mental health issues, and behaviour towards N. The mother failed to protect both children, as she was aware or should have been aware of the risks posed by the father, given the small household, prior history, and her passivity. The threshold for making a care order is met.

Parties
Applicant: A local authority; 1st Respondent: Mother; 2nd Respondent: Father; 3rd Respondent: N (A Child)
Jurisdiction
England and Wales
Judgment Date
14 November 2025
Procedural Posture
Care Proceedings / Judgment After Fact Finding Hearing
Outcome
Final care order granted for N; findings of non-accidental injury by father and failure to protect by mother.
Legal Topics
Non Accidental Injury, Failure to Protect, Care Orders, Expert Medical Evidence, Parental Responsibility
Family Law Child Protection Non Accidental Injury Failure to Protect Care Orders Expert Medical Evidence Parental Responsibility

Case Brief

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Parties

A local authority

Applicant

Mother

1st Respondent

Father

2nd Respondent

N (A Child)

3rd Respondent

Procedural Posture

Care Proceedings / Judgment After Fact Finding Hearing

Legal Issues

  1. 1 Who inflicted the earlier rib fractures on A?
  2. 2 Who inflicted the fatal injuries on the night prior to A's death?
  3. 3 Did the other parent fail to protect A if a perpetrator is identified?

Ratio Decidendi

The father inflicted both the earlier rib fractures and the fatal injuries on A through non-accidental means, as established by consistent expert medical evidence and circumstantial evidence including his history of violence, mental health issues, and behaviour towards N. The mother failed to protect both children, as she was aware or should have been aware of the risks posed by the father, given the small household, prior history, and her passivity. The threshold for making a care order is met.

Court Disposition

Final care order granted for N; findings of non-accidental injury by father and failure to protect by mother.

Orders

  • Final care order for N with a care plan of foster care.
  • Assessment to be undertaken of the paternal great aunt and uncle as potential carers for N.