A Local Authority v A and D: FD 5 Dec 2001

A five week old baby had been brought into hospital with cranial pressure. At first signs of injury were not seen. It was concluded that the child may have been shaken, and the child protection procedures began. No criminal proceedings were to take place, and no interim care order had been necessary. The local authority asserted that the s31 threshold had been reached, to allow intervention. The court had to make a finding as to whether the child had been shaken. An order might be made even though it was not possible to say which of two carers was responsible for any violence. The presence of subdural haematomas in a young child or baby has become a serious indicator of non-accidental injury among clinicians dealing with young children, in the absence of an acceptable explanation for the injury. Subdural haematomas indicate a shaking injury and that the shaking must have been forceful to cause the tearing or shearing injury to the membranes in the space between the dura and the brain. Nevertheless, it was highly desirable for some research to be undertaken specifically in the field of injuries to young babies of three months or under


The President


Unreported, 5 December 2001


Children Act 1989 31


England and Wales


CitedLancashire County Council and Another v B and Others; Lancashire County Council v A HL 16-Mar-2000
A seven month old child had been injured, but it was not possible to establish whether this had taken place whilst with her parents or with a child minder. The Council brought care proceedings also for the minder’s own child B.
Held: Even . .
Lists of cited by and citing cases may be incomplete.


Updated: 11 June 2022; Ref: scu.169847