A Local Authority v AA & Ors.

A Local Authority v AA & Ors.

On the balance of probabilities, the Local Authority did not prove that Y’s injuries were caused by abusive head trauma (shaking) by the Father. The evidence as a whole, including lack of other physical signs, absence of risk factors, credible parental evidence, and academic literature supporting the possibility of injury from short falls, outweighed the medical opinion favouring shaking as the cause.

Parties
Applicant: A Local Authority; First Respondent: AA; Second Respondent: BB; Third Respondent: Y (through her Children’s Guardian)
Jurisdiction
England and Wales
Judgment Date
25 July 2022
Procedural Posture
Care Proceedings / Judgment After Fact Finding Hearing
Outcome
Threshold not proved; allegations not established.
Legal Topics
Non Accidental Injury, Abusive Head Trauma, Expert Evidence, Burden of Proof, Standard of Proof, Causation
Family Law Child Protection Non Accidental Injury Abusive Head Trauma Expert Evidence Burden of Proof Standard of Proof Causation

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Parties

A Local Authority

Applicant

AA

First Respondent

BB

Second Respondent

Y (through her Children’s Guardian)

Third Respondent

Procedural Posture

Care Proceedings / Judgment After Fact Finding Hearing

Legal Issues

  1. 1 Whether Y's injuries were caused by abusive head trauma (shaking) or accidental fall
  2. 2 Assessment of medical evidence and academic literature
  3. 3 Credibility of parental evidence

Ratio Decidendi

On the balance of probabilities, the Local Authority did not prove that Y’s injuries were caused by abusive head trauma (shaking) by the Father. The evidence as a whole, including lack of other physical signs, absence of risk factors, credible parental evidence, and academic literature supporting the possibility of injury from short falls, outweighed the medical opinion favouring shaking as the cause.

Court Disposition

Threshold not proved; allegations not established.