North Yorkshire County Council v SA & Ors

North Yorkshire County Council v SA & Ors

The trial judge applied the wrong test ('no possibility') for identifying possible perpetrators. The correct legal standard is whether there is a real possibility that a person caused the injury. The appeal is allowed, and the night nanny and maternal grandmother are excluded as possible perpetrators, leaving the parents as the only real possibilities.

Parties
Appellant: North Yorkshire County Council; First Defendant: SA; Second, Third, Fourth and Fifth Respondents: Others
Jurisdiction
England and Wales
Judgment Date
01 July 2003
Procedural Posture
Appeal / Judgment on Appeal From High Court, Family Division
Outcome
Appeal allowed
Legal Topics
Care Proceedings, Non Accidental Injury, Children Act 1989, Threshold Test, Identification of Perpetrator, Split Trials
Family Law Child Protection Care Proceedings Non Accidental Injury Children Act 1989 Threshold Test Identification of Perpetrator Split Trials

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Parties

North Yorkshire County Council

Appellant

SA

First Defendant

Others

Second, Third, Fourth and Fifth Respondents

Procedural Posture

Appeal / Judgment on Appeal From High Court, Family Division

Legal Issues

  1. 1 Correct test for identifying possible perpetrators of non-accidental injury to a child
  2. 2 Application of section 31 Children Act 1989 threshold
  3. 3 Whether the trial judge applied the correct legal standard

Ratio Decidendi

The trial judge applied the wrong test ('no possibility') for identifying possible perpetrators. The correct legal standard is whether there is a real possibility that a person caused the injury. The appeal is allowed, and the night nanny and maternal grandmother are excluded as possible perpetrators, leaving the parents as the only real possibilities.

Court Disposition

Appeal allowed

Orders

  • Night nanny and maternal grandmother excluded as possible perpetrators
  • Parents remain as possible perpetrators for both sets of injuries