Re T & Anor

Re T & Anor

On the balance of probabilities, N inflicted two separate non-accidental injuries on R: a high-force impact to the head and dragging R's face across the carpet. The mother's account was untruthful; she was aware of N's actions but did not inflict the injuries herself. The threshold for public law intervention is...

Source-derived case information.

Parties
Applicant: Local Authority; Respondent: M (Mother); Intervenor: N (Intervenor, mother's son); Subject Child: T (Child, DOB 2011); Subject Child: R (Child, DOB 2022)
Jurisdiction
England and Wales
Judgment Date
24 November 2024
Procedural Posture
Public Law Children Proceedings / Final Judgment
Outcome
Care order for R; supervision order for T; no order as to costs except public funding assessment.
Legal Topics
Care Orders, Supervision Orders, Threshold Criteria, Non Accidental Injury, Failure to Protect, Welfare Checklist
Family Law Child Protection Care Orders Supervision Orders Threshold Criteria Non Accidental Injury Failure to Protect Welfare Checklist

Source-derived case record

Summary, issues, holding and outcome

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Parties

Local Authority

Applicant

M (Mother)

Respondent

N (Intervenor, mother's son)

Intervenor

T (Child, DOB 2011)

Subject Child

R (Child, DOB 2022)

Subject Child

Procedural Posture

Public Law Children Proceedings / Final Judgment

Legal Issues

  1. 1 Whether injuries to R were non-accidental and, if so, who perpetrated them
  2. 2 Whether the mother failed to protect or was untruthful to the court
  3. 3 What orders are necessary for the welfare of T and R

Ratio Decidendi

On the balance of probabilities, N inflicted two separate non-accidental injuries on R: a high-force impact to the head and dragging R's face across the carpet. The mother's account was untruthful; she was aware of N's actions but did not inflict the injuries herself. The threshold for public law intervention is crossed. The welfare of the children requires a care order for R and a supervision order for T.

Court Disposition

Care order for R; supervision order for T; no order as to costs except public funding assessment.

Orders

  • Care order in respect of R, with a plan that he remains in his mother's care and a full care plan to be filed within seven days.
  • Supervision order in respect of T.