Z (A Local Authority) v C (Mother) & Ors

Z (A Local Authority) v C (Mother) & Ors

The court found, on the balance of probabilities, that A's rib injuries were inflicted and non-accidental, not caused at birth or by refracture. There was no evidence to support a real possibility that C or D caused the injuries. The only real possibility, based on the evidence including E's suicide note, was that E (the late grandfather) caused the injuries, but the court could not go further than that.

Parties
Applicant: Z (Local Authority); First Respondent: C (Mother); Child: Child A (via the Guardian); Intervener: D (Maternal Grandmother)
Jurisdiction
England and Wales
Judgment Date
01 September 2022
Procedural Posture
Family / Fact Finding Judgment
Outcome
Findings of inflicted injury proved; allegations against C and D not proved; real possibility E caused the injuries.
Legal Topics
Non Accidental Injury, Care Orders, Burden of Proof, Fact Finding, Pool of Perpetrators
Family Law Child Protection Non Accidental Injury Care Orders Burden of Proof Fact Finding Pool of Perpetrators

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Parties

Z (Local Authority)

Applicant

C (Mother)

First Respondent

Child A (via the Guardian)

Child

D (Maternal Grandmother)

Intervener

Procedural Posture

Family / Fact Finding Judgment

Legal Issues

  1. 1 Whether the rib injuries to child A were inflicted or accidental
  2. 2 Whether the injuries could have occurred at birth or by refracture
  3. 3 Whether C (mother) or D (grandmother) caused the injuries

Ratio Decidendi

The court found, on the balance of probabilities, that A's rib injuries were inflicted and non-accidental, not caused at birth or by refracture. There was no evidence to support a real possibility that C or D caused the injuries. The only real possibility, based on the evidence including E's suicide note, was that E (the late grandfather) caused the injuries, but the court could not go further than that.

Court Disposition

Findings of inflicted injury proved; allegations against C and D not proved; real possibility E caused the injuries.