A Local Authority v C

A Local Authority v C

The court found, on the totality of the evidence, that the likely cause of all of B's injuries was the accidental fall on 30 October 2023, witnessed by the Intervenor. The Local Authority did not discharge the burden of proof to establish that the injuries were inflicted. Neither parent nor the Intervenor inflicted the injuries. The threshold criteria under s.31 Children Act 1989 were not met.

Parties
Applicant: A Local Authority; Respondent: C (Mother); Respondent: C (Father); Respondent: Children (through Guardian); Intervenor: Intervenor
Jurisdiction
England and Wales
Judgment Date
02 April 2026
Procedural Posture
Care Proceedings (children Act) / Fact Finding Judgment
Outcome
Threshold not met; application dismissed
Legal Topics
Care Orders, Non Accidental Injury, Threshold Criteria, Fact Finding, Expert Medical Evidence, Burden of Proof
Family Law Child Protection Care Orders Non Accidental Injury Threshold Criteria Fact Finding Expert Medical Evidence Burden of Proof

Case Brief

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Parties

A Local Authority

Applicant

C (Mother)

Respondent

C (Father)

Respondent

Children (through Guardian)

Respondent

Intervenor

Intervenor

Procedural Posture

Care Proceedings (children Act) / Fact Finding Judgment

Legal Issues

  1. 1 Whether injuries sustained by child B were inflicted or accidental
  2. 2 Whether threshold criteria under s.31 Children Act 1989 are met
  3. 3 Identification of perpetrator if injuries were inflicted

Ratio Decidendi

The court found, on the totality of the evidence, that the likely cause of all of B's injuries was the accidental fall on 30 October 2023, witnessed by the Intervenor. The Local Authority did not discharge the burden of proof to establish that the injuries were inflicted. Neither parent nor the Intervenor inflicted the injuries. The threshold criteria under s.31 Children Act 1989 were not met.

Court Disposition

Threshold not met; application dismissed

Orders

  • No findings of inflicted injury against any party
  • No care order or supervision order made