XY Twins Inflicted Injury, Re

XY Twins Inflicted Injury, Re

On the balance of probabilities, all injuries to twins X and Y (skull fracture, femoral fracture, rib fractures, and bruise) were inflicted by Emily Waters during her care, either deliberately or as a result of reckless handling. The parents and night nurses were exonerated. There was no credible evidence of any underlying medical or genetic condition predisposing the twins to injury. The threshold criteria for care orders were not met as no findings were made against the parents.

Parties
Applicant: Local Authority; Respondent: Mother; Respondent: Father; Respondent: Children (through guardian); Intervener: Emily Waters; Intervener: Nurse 1; Intervener: Nurse 2
Jurisdiction
England and Wales
Judgment Date
02 November 2025
Procedural Posture
Care Proceedings (family) / Fact Finding Judgment
Outcome
All findings of inflicted injury made against Emily Waters; parents and night nurses exonerated; threshold for care order not met; proceedings to be concluded.
Legal Topics
Non Accidental Injury, Care Proceedings, Threshold Criteria, Exoneration, Expert Medical Evidence, Credibility Assessment
Family Law Child Protection Non Accidental Injury Care Proceedings Threshold Criteria Exoneration Expert Medical Evidence Credibility Assessment

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Parties

Local Authority

Applicant

Mother

Respondent

Father

Respondent

Children (through guardian)

Respondent

Emily Waters

Intervener

Nurse 1

Intervener

Nurse 2

Intervener

Procedural Posture

Care Proceedings (family) / Fact Finding Judgment

Legal Issues

  1. 1 Whether injuries to twins X and Y were inflicted or accidental
  2. 2 Identification of perpetrator(s) of injuries
  3. 3 Whether parents or night nurses failed to protect the children

Ratio Decidendi

On the balance of probabilities, all injuries to twins X and Y (skull fracture, femoral fracture, rib fractures, and bruise) were inflicted by Emily Waters during her care, either deliberately or as a result of reckless handling. The parents and night nurses were exonerated. There was no credible evidence of any underlying medical or genetic condition predisposing the twins to injury. The threshold criteria for care orders were not met as no findings were made against the parents.

Court Disposition

All findings of inflicted injury made against Emily Waters; parents and night nurses exonerated; threshold for care order not met; proceedings to be concluded.

Orders

  • Findings of fact as per local authority's schedule made against Emily Waters
  • Parents and night nurses exonerated of all allegations