Derbyshire County Council v X & Ors

Derbyshire County Council v X & Ors

The court finds, on the balance of probabilities, that the bilateral hand bruising and rib fracture sustained by child A were inflicted injuries caused by an adult, most likely one of the parents, but is unable to identify the perpetrator. Both parents failed to provide an honest explanation. No finding is made of failure to protect or delay in seeking medical attention.

Parties
Applicant: Derbyshire County Council; First Respondent / Mother: X; Second Respondent / Father: Y; Third Respondent / Child: A
Jurisdiction
England and Wales
Judgment Date
25 September 2025
Procedural Posture
Care Proceedings (public Law) / Fact Finding Judgment
Outcome
Findings of inflicted injuries; perpetrator not identified; no finding of failure to protect.
Legal Topics
Non Accidental Injury, Interim Care Order, Threshold Criteria, Failure to Protect, Identification of Perpetrator
Family Law Child Protection Non Accidental Injury Interim Care Order Threshold Criteria Failure to Protect Identification of Perpetrator

Case Brief

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Parties

Derbyshire County Council

Applicant

X

First Respondent / Mother

Y

Second Respondent / Father

A

Third Respondent / Child

Procedural Posture

Care Proceedings (public Law) / Fact Finding Judgment

Legal Issues

  1. 1 Whether injuries to child A (bruising and rib fracture) were inflicted or accidental
  2. 2 Whether the perpetrator can be identified
  3. 3 Whether either parent failed to protect A

Ratio Decidendi

The court finds, on the balance of probabilities, that the bilateral hand bruising and rib fracture sustained by child A were inflicted injuries caused by an adult, most likely one of the parents, but is unable to identify the perpetrator. Both parents failed to provide an honest explanation. No finding is made of failure to protect or delay in seeking medical attention.

Court Disposition

Findings of inflicted injuries; perpetrator not identified; no finding of failure to protect.

Orders

  • No finding against hospital staff.
  • No finding of failure to protect.