A TODDLER from the Blackburn area who was shaken so violently that she was left permanently injured is to be taken away from her parents, even though it is not known who caused her injuries.

But three senior appeal judges ruled that a childminder who looked after the 16-month-old girl - and could have been responsible for her injuries - can keep her 17-month-old boy.

Lancashire County Council took the case to the Court of Appeal after Judge David Gee at Blackburn County Court ruled in April that neither the girl or the boy should be taken into care.

The council alleged the injuries were caused either by the girl's parents or by the childminder, so both children should be protected by taking them from their homes.

Lord Justice Robert Walker said in a judgement yesterday that after "anxious consideration" the girl satisfied the minimum conditions allowing the court to make a care order.

He added that if the parents' "behaviour had been more responsible" - the county court judge referred to over-indulgence in alcohol and past use of amphetamines - the decision could have been different.

An interim care order was made for the girl, whose case is to be referred back to Judge Gee at Blackburn.

He must decide on the level of future risk and how the child, referred to as A to protect her identity, will be looked after.

In a statement, Lancashire County Council said it was in the best interests of both children to ask the Court of Appeal to review their cases.

"Given the complexity of the legal issues surrounding these matters the county council will need to consider at greater length the implications of the Court of Appeal's decision and will issue any additional statement as may be appropriate."

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