CM (A Child), Re

CM (A Child), Re

The court found that CM's injuries were non-accidental and inflicted by either K or E, but could not identify the perpetrator on the balance of probabilities. The court rejected the local authority's case against N for failure to protect, finding that N could not have foreseen or prevented the harm and acted appropriately given the circumstances.

Parties
Applicant: Warwickshire County Council; First Respondent: K; Second Respondent: E; Child: CM; Intervenor: N
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Care Proceedings / Judgment After Fact Finding Hearing
Outcome
Findings of non-accidental injury made; perpetrator not identified; no finding of failure to protect against N.
Legal Topics
Non Accidental Injury, Failure to Protect, Burden of Proof, Standard of Proof, Fact Finding, Expert Evidence
Family Law Child Protection Non Accidental Injury Failure to Protect Burden of Proof Standard of Proof Fact Finding Expert Evidence

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Parties

Warwickshire County Council

Applicant

K

First Respondent

E

Second Respondent

CM

Child

N

Intervenor

Procedural Posture

Care Proceedings / Judgment After Fact Finding Hearing

Legal Issues

  1. 1 Whether CM's injuries were non-accidental
  2. 2 Identification of perpetrator(s)
  3. 3 Failure to protect by N

Ratio Decidendi

The court found that CM's injuries were non-accidental and inflicted by either K or E, but could not identify the perpetrator on the balance of probabilities. The court rejected the local authority's case against N for failure to protect, finding that N could not have foreseen or prevented the harm and acted appropriately given the circumstances.

Court Disposition

Findings of non-accidental injury made; perpetrator not identified; no finding of failure to protect against N.

Orders

  • CM remains in foster care; no orders against N for failure to protect; findings to inform future care planning.