A Local Authority v Mother & Ors

A Local Authority v Mother & Ors

The court found, on the balance of probabilities, that A's injuries were non-accidental, caused by excessive force, and inflicted by either or both parents; the local authority did not prove which parent was the perpetrator, but both are within the pool of possible perpetrators. The parents failed to protect A from harm and did not provide a plausible account for the injuries.

Parties
Applicant: A Local Authority; First Respondent: Mother; Second Respondent: Father; Third Respondent: A; Intervenor: Ms B
Jurisdiction
England and Wales
Judgment Date
28 May 2025
Procedural Posture
Care and Protection (child) / Fact Finding Judgment
Outcome
Findings of fact made against both parents; pool of perpetrators includes both parents; Ms B discharged as intervenor; further orders regarding A's care to be determined at a later hearing.
Legal Topics
Non Accidental Injury, Care Proceedings, Significant Harm, Burden of Proof, Pool of Perpetrators
Family Law Child Protection Non Accidental Injury Care Proceedings Significant Harm Burden of Proof Pool of Perpetrators

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 and Protection (child) / Fact Finding Judgment

Legal Issues

  1. 1 Whether A's injuries were non-accidental
  2. 2 Whether the local authority 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, on the balance of probabilities, that A's injuries were non-accidental, caused by excessive force, and inflicted by either or both parents; the local authority did not prove which parent was the perpetrator, but both are within the pool of possible perpetrators. The parents failed to protect A from harm and did not provide a plausible account for the injuries.

Court Disposition

Findings of fact made against both parents; pool of perpetrators includes both parents; Ms B discharged as intervenor; further orders regarding A's care to be determined at a later hearing.

Orders

  • Findings that A's injuries were non-accidental and inflicted by either or both parents
  • Ms B discharged as intervenor