A (A Child) (Fact-Finding: Head Injury), Re

The judge failed to evaluate the evidence holistically, improperly relied on medical evidence alone, did not adequately consider the possibility of accidental injury, and did not properly apply the legal test for identifying perpetrators, resulting in flawed reasoning and findings.

Parties: Subject: A (A Child); First Appellant: Mother of A; Second Appellant: Father of A; First Respondent: Local Authority; Second Respondent: Second Respondent
Jurisdiction: England and Wales
Judgment Date: 29 April 2024
Procedural Posture: Care Proceedings / Appeal From Fact Finding Judgment
Outcome: Appeals allowed; judgment set aside; case remitted for further directions.
Legal Topics: Care Proceedings, Fact Finding, Abusive Injury, Pool of Perpetrators, Appeal Procedure

Family Law Child Protection Care Proceedings Fact Finding Abusive Injury Pool of Perpetrators Appeal Procedure

Case Brief

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Parties

A (A Child)

Subject

Mother of A

First Appellant

Father of A

Second Appellant

Local Authority

First Respondent

Second Respondent

Procedural Posture

Care Proceedings / Appeal From Fact Finding Judgment

Legal Issues

1 Whether the judge erred in finding that A suffered an abusive head injury inflicted by one or other parent
2 Whether the judge failed to consider the evidence holistically
3 Whether the judge properly applied the legal test for identifying perpetrators

Ratio Decidendi

Court Disposition

Appeals allowed; judgment set aside; case remitted for further directions.

Orders

Proceedings remitted to Family Presiding Judge for Western Circuit to decide next steps.
No final determination on threshold or perpetrator; further directions to be given.