A (Care Proceedings: Non-Accidental Injuries: Identifying the Perpetrator), Re

A (Care Proceedings: Non-Accidental Injuries: Identifying the Perpetrator), Re

The court found, on the balance of probabilities, that the father caused A’s rib and wrist fractures and the lingual frenulum injury by using inappropriate force during care and feeding, though not with intent to harm. The mother did not cause injury and did not fail to protect, as she did not perceive the risk and her conduct was gentle and caring. The Assessment Centre staff did not cause the injuries. The court accepted the medical evidence that there was no underlying medical or genetic condition to explain the injuries, and that the injuries were non-accidental and inflicted by the father.

Parties
Applicant: A London Borough; First Respondent: A Mother; Second Respondent: A Father; Third Respondent: A (by his Children’s Guardian); Intervenor: An Assessment Centre
Jurisdiction
England and Wales
Judgment Date
14 March 2025
Procedural Posture
Care Proceedings / Fact Finding Judgment
Outcome
Findings of fact made; father found to have caused non-accidental injuries; mother exonerated as perpetrator and not found to have failed to protect; Assessment Centre staff exonerated.
Legal Topics
Non Accidental Injury, Care Orders, Threshold Criteria, Failure to Protect, Identification of Perpetrator
Family Law Child Protection Non Accidental Injury Care Orders Threshold Criteria Failure to Protect Identification of Perpetrator

Case Brief

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Parties

A London Borough

Applicant

A Mother

First Respondent

A Father

Second Respondent

A (by his Children’s Guardian)

Third Respondent

An Assessment Centre

Intervenor

Procedural Posture

Care Proceedings / Fact Finding Judgment

Legal Issues

  1. 1 Who caused the non-accidental injuries to A?
  2. 2 Did either parent fail to protect A?
  3. 3 Was A forcibly fed by his father, causing lingual frenulum injury?

Ratio Decidendi

The court found, on the balance of probabilities, that the father caused A’s rib and wrist fractures and the lingual frenulum injury by using inappropriate force during care and feeding, though not with intent to harm. The mother did not cause injury and did not fail to protect, as she did not perceive the risk and her conduct was gentle and caring. The Assessment Centre staff did not cause the injuries. The court accepted the medical evidence that there was no underlying medical or genetic condition to explain the injuries, and that the injuries were non-accidental and inflicted by the father.

Court Disposition

Findings of fact made; father found to have caused non-accidental injuries; mother exonerated as perpetrator and not found to have failed to protect; Assessment Centre staff exonerated.