Mark Twomey KC, joint head of chambers, Shiva Ancliffe KC and Caroline Croft appeared in the Court of Appeal at the start of September in Y, V and B (Fact-Finding: Perpetrator) [2024] EWCA Civ 1034 which gives important guidance about the approach that judges should take when identifying the perpetrator of inflicted injuries.
The case in question, Y, V and B (Fact-Finding: Perpetrator) [2024] EWCA Civ 1034, involved an appeal from care proceedings concerning a nine-month-old child, B, who sustained severe non-accidental injuries, including a skull fracture and rib fractures.
The child’s mother and other family members came under scrutiny following B’s hospitalisation.
The initial trial judge failed to pinpoint a specific perpetrator or a group of potential perpetrators, concluding only that the mother likely knew the cause of the injuries but did not disclose it.
The children’s guardian filed an appeal, contending that the failure to identify a perpetrator was legally flawed.
The Court of Appeal concurred, stressing the significance of determining the responsible party in assessing future risks to the children and making care decisions.
Consequently, the case was remitted for a rehearing, with instructions for the new judge to employ a more rigorous fact-finding approach to ensure a clear determination of liability.
Key Takeaways
- The case centred on severe injuries sustained by a nine-month-old child in care proceedings.
- The original judge’s failure to identify the perpetrator was deemed a legal error.
- The Court of Appeal emphasised the importance of identifying the responsible party for child protection.
- The case was remitted for rehearing to ensure the proper identification of the perpetrator.
- This ruling underscores the importance of precise fact-finding in care proceedings involving child injuries.
This case highlights the dedication and commitment which Coram Chambers has to representing all parties in cases with the most complex and grave allegations of inflicted injures to children
You can see the full decision here, or in the attachment below.
