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Dealing with a pool of only two possible perpetrators – guidance from the Court of Appeal

A recent Court of Appeal decision, reviewed by Graeme Bentley, provides important guidance on how courts should approach cases where only two people could have caused a child’s injuries, and serves as a reminder that a pool finding should only be used where the evidence genuinely cannot identify the perpetrator.
September 04, 2026
Dealing with a pool of only two possible perpetrators – guidance from the Court of Appeal

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Holly Littlewood analyses a decision - made after the Supreme Court ruling in AGNI - on the deprivation of liberty of a 15-year-old looked after child in a specialist residential school.

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