LCC v V & Anor

LCC v V & Anor

The court found, on the balance of probabilities, that B's skull fractures were inflicted by either her mother, father, or maternal uncle, using excessive force on repeated occasions, and not explained by accident or birth-related causes. All three adults remain within the pool of perpetrators, and none sought timely medical attention for B.

Parties
Applicant: LCC; Respondent Mother: V; Respondent Father: B; Intervenor: U; Children (through Guardian): A and B (children)
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Care Order Application / Fact Finding Hearing
Outcome
Findings made against all three carers; threshold met for care order proceedings.
Legal Topics
Care Orders, Child Injury, Pool of Perpetrators, Expert Evidence, Threshold Criteria
Family Law Child Protection Care Orders Child Injury Pool of Perpetrators Expert Evidence Threshold Criteria

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Parties

LCC

Applicant

V

Respondent Mother

B

Respondent Father

U

Intervenor

A and B (children)

Children (through Guardian)

Procedural Posture

Care Order Application / Fact Finding Hearing

Legal Issues

  1. 1 Whether injuries to child B were caused accidentally or deliberately
  2. 2 Identification of perpetrator(s) responsible for injuries
  3. 3 Assessment of medical evidence regarding skull fractures

Ratio Decidendi

The court found, on the balance of probabilities, that B's skull fractures were inflicted by either her mother, father, or maternal uncle, using excessive force on repeated occasions, and not explained by accident or birth-related causes. All three adults remain within the pool of perpetrators, and none sought timely medical attention for B.

Court Disposition

Findings made against all three carers; threshold met for care order proceedings.

Orders

  • Local Authority's case in paragraphs 9-14 of the schedule of findings is established.
  • All three adults remain within the pool of perpetrators for inflicted injuries to B.