June Venters KC and Rachel Temple appear in important CoA case clarifying approach to “pool findings”

10th August 2026

3PB Barristers’ (3 Paper Buildings) specialist family law barristers June Venters KCJune Venters KCCall: 2017Silk: 2006 and Rachel TempleRachel TempleCall: 2004 have represented the intervenor in the significant Court of Appeal (CoA) decision of Re B (A Child: Uncertain Perpetrator) [2026] EWCA Civ 1024.

This case concerned a small child who suffered multiple serious non-accidental injuries over a period of several months. While the appeal did not challenge the majority of the findings from the original fact-finding hearing, the appeal related to three areas of bruising that the trial judge had concluded there was a “pool” of possible perpetrators responsible for, namely the mother and the intervenor.

The Court of Appeal allowed the mother to challenge the limited findings, which resulted in the “pool findings” being set aside and replaced with positive findings against the intervenor.

This decision provides important guidance on the proper approach to uncertain perpetrator cases, reaffirming the importance of rigorous comparison of evidence in situations where there are only two possible perpetrators, and seek, where possible, to identify the actual individual responsible, rather than defaulting to a “pool finding”.

June and Rachel have prepared a longer briefing note on the details surrounding this case, which can be accessed here.

If you wish to contact or instruct June or Rachel, please contact 3PB’s family law clerks via email, or telephone 0330 441 7574.