The Local Authority v C & Ors

The Local Authority v C & Ors

The court found, on the balance of probabilities, that B's injuries were inflicted and not accidental. The injuries could not have been caused by A, the four-year-old sibling, due to the nature and severity of the injuries and the implausibility of the parents' accounts. The mother and E were both found to be in the pool of possible perpetrators, as there was a real possibility that either inflicted the injuries. The court found both had been dishonest and conspired to blame A.

Parties
Applicant: The Local Authority; First Respondent (mother): C; Second Respondent (father of A): D; Third Respondent (father of B): E; Children's Guardian: Children’s Guardian
Jurisdiction
England and Wales
Judgment Date
19 March 2025
Procedural Posture
Care Proceedings / Fact Finding Judgment
Outcome
Findings of fact made; injuries to B were inflicted and not accidental; mother and E are in the pool of perpetrators; A did not cause the injuries.
Legal Topics
Care Orders, Non Accidental Injury, Pool of Perpetrators, Burden and Standard of Proof, Expert Medical Evidence, Credibility of Witnesses
Family Law Child Protection Care Orders Non Accidental Injury Pool of Perpetrators Burden and Standard of Proof Expert Medical Evidence Credibility of Witnesses

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 7 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

The Local Authority

Applicant

C

First Respondent (mother)

D

Second Respondent (father of A)

E

Third Respondent (father of B)

Children’s Guardian

Children's Guardian

Procedural Posture

Care Proceedings / Fact Finding Judgment

Legal Issues

  1. 1 Whether injuries to child B were inflicted or accidental
  2. 2 Whether A (sibling) could have caused the injuries
  3. 3 Whether the mother and/or E are in the pool of perpetrators

Ratio Decidendi

The court found, on the balance of probabilities, that B's injuries were inflicted and not accidental. The injuries could not have been caused by A, the four-year-old sibling, due to the nature and severity of the injuries and the implausibility of the parents' accounts. The mother and E were both found to be in the pool of possible perpetrators, as there was a real possibility that either inflicted the injuries. The court found both had been dishonest and conspired to blame A.

Court Disposition

Findings of fact made; injuries to B were inflicted and not accidental; mother and E are in the pool of perpetrators; A did not cause the injuries.