Reported Case: Hampshire County Council v A Mother & Ors [2026] EWFC 72

Kate Branigan KC and Baljinder Bath, instructed by Mark Tooley of Larcomes, successfully represented the First Respondent mother in proceedings before Judd J concerning the tragic death of a 2½-year-old child (Z).

The case involved complex medical evidence regarding the cause of catastrophic brain, spine, and eye injuries sustained while Z was in the sole care of the mother.

The expert consensus was that the injuries were most consistent with a shaking and impact mechanism. The ophthalmic findings were particularly striking: Z presented with bilateral perimacular folds and retinoschisis cavities, which the expert ophthalmic pathologist described as unique for a low-level fall, both in the research literature and in her own clinical experience. That said, the experts also acknowledged that shaking injuries in a child aged two or above, whilst not unheard of, were unusual and that a rare accidental mechanism could not be excluded.

The wider factual matrix therefore became a critical part of the evidential picture. The mother maintained a consistent account throughout that Z had fallen from a sofa while playing. Her Ladyship found her to be an honest and reliable witness.

In a significant observation on the distinct roles of experts and the court in such cases, Her Ladyship stated:

“I must look at the evidence as a whole, something that the medical experts have not been able to do, or at least not in the same level of detail.”

Her Ladyship ultimately concluded that Z’s injuries were caused by a low-level fall from a sofa. The threshold under section 31 of the Children Act 1989 was not met, the mother was fully exonerated, and the children were returned to her care.

Read the judgment here.