(Court of Appeal; Pill, Wilson and Rimer LJJ; 31 January 2011)
When a couple discovered that the mother was pregnant, they informed the local authority of previous care proceedings involving the father. In the previous care proceedings both parents were in a pool of possible perpetrators of injuries to a child, but the mother was considered more likely to be the perpetrator than the father. However, the father was guilty of, at least, failure to protect. The local authority appealed the dismissal of their application for a care order and applied to take that issue to the Supreme Court.
The judge dismissed the local authority's application holding he was bound to conclude that the threshold was not crossed on the basis the father had been in a pool of possible perpetrators. Permission to appeal to the Supreme Court refused.