Re J (children) [2012] EWCA Civ 380 (03 April 2012)

The CA dismissed an appeal by a LA against a decision that the Threshold Criteria were not crossed in circumstances where a Mother had been included in the pool of perpetrators for serious non-accidental injuires to a previous child. The Mother was now in a new relationship. The Trial Judge has considered herself bound by authority. The CA agreed although criticised the artificial basis on which the case had been put as other adverse findings against the Mother were not considered by the court. The CA noted that there was a pressing need for issues arising from the current interpretation of the case law in this area to be considered by the Supreme Court.