Surrey County Council v LV & Ors

Surrey County Council v LV & Ors

The Local Authority failed to prove on the balance of probabilities that either parent inflicted a non-accidental injury or failed to disclose a witnessed accident. The evidence did not establish that the injury was non-accidental, and the parents' accounts were credible and consistent. The medical evidence regarding causation and force required for such injuries in infants was uncertain. There were no risk factors present and multiple protective factors. The injury is unexplained but may have resulted from an unwitnessed accident possibly involving sibling B.

Parties
Applicant: Surrey County Council; Mother/respondent: LV; Father/respondent: FM; Children/respondents: A, B and C (Children by their Children’s Guardian)
Jurisdiction
England and Wales
Judgment Date
13 October 2025
Procedural Posture
Public Law Children Proceedings (fact Finding) / Fact Finding Hearing
Outcome
Local Authority's allegations not proved; no findings of non-accidental injury or failure to disclose accidental injury against either parent.
Legal Topics
Non Accidental Injury, Burden of Proof, Expert Evidence, Pool of Perpetrators, Threshold Criteria
Family Law Child Protection Non Accidental Injury Burden of Proof Expert Evidence Pool of Perpetrators Threshold Criteria

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 12 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Surrey County Council

Applicant

LV

Mother/respondent

FM

Father/respondent

A, B and C (Children by their Children’s Guardian)

Children/respondents

Procedural Posture

Public Law Children Proceedings (fact Finding) / Fact Finding Hearing

Legal Issues

  1. 1 Whether the skull fracture and bruising sustained by child C were caused accidentally, non-accidentally, or remain unexplained
  2. 2 Whether either parent inflicted or failed to prevent the injury
  3. 3 Whether the Local Authority has discharged the burden of proof

Ratio Decidendi

The Local Authority failed to prove on the balance of probabilities that either parent inflicted a non-accidental injury or failed to disclose a witnessed accident. The evidence did not establish that the injury was non-accidental, and the parents' accounts were credible and consistent. The medical evidence regarding causation and force required for such injuries in infants was uncertain. There were no risk factors present and multiple protective factors. The injury is unexplained but may have resulted from an unwitnessed accident possibly involving sibling B.

Court Disposition

Local Authority's allegations not proved; no findings of non-accidental injury or failure to disclose accidental injury against either parent.