A TODDLER suffered a broken leg after his childminder assaulted him, a court heard.

Brenda Kennedy, 50, told police she had no idea how the youngster came about his injuries which were discovered by his mum when she picked him up from Kennedys Kidz Childminding in Blackburn.

But a week after the incident, Preston Crown Court heard Kennedy emailed the boy’s mum with an accident form, claiming there had been an incident when she changed his nappy, which she had forgotten about.

Robert Wynn-Jones, prosecuting, told the court: “It is the crown’s case that Brenda Kennedy caused the injury and then failed to seek medical attention for him when it was obvious he wasn’t well.”


Dr Wright, a consultant paediatric radiologist, said the boy had a spiral fracture to his right femur, caused by 'excessive force'.

The toddler had to stay in hospital for four nights, and had a cast put on both legs and his hips, which stayed on for three weeks, the jury was told.

Outlining the case to the jury, Mr Wynn-Jones, said: “The little boy would have been distressed and probably unable to walk or at least walk with a limp.

"It is the opinion of the doctor that this injury could not have been caused by simply changing his nappy without excessive force being used.”

The court heard the injured toddler was dropped off at nursery in his buggy by his mum.

She said he was 'sulky and clingy', but put his mood down to not wanting to be left.

But when she returned to collect her son at 1.30pm, she was surprised to find him waiting in his pram and asked Kennedy how he had been.

Kennedy, of Preston New Road, Blackburn, replied he had been 'unsettled' but did not report any accident or injury, the court heard.

The boy’s mum pushed him home and fed him lunch in his buggy but when she put him down on the floor it was apparent he was in discomfort.

Mr Wynn-Jones said: “She could immediately see that he was in discomfort.

"He couldn’t place any weight on his right leg and he was whingeing.

“His mum tried to massage his leg, thinking there was a trapped nerve or something, but he didn’t like that and pulled his leg away.

“She gave him some Calpol, rested him on her lap and both mum and baby fell asleep for a short time.”

After their nap, however, the little boy was still uncomfortable, so his mum took him to the out-of-hours doctor, who advised her to take him to A&E.

The boy was found to have a spiral fracture to his right leg, and the police were called, the court was told.

Kennedy and her husband Terry were spoken to at the nursery they run together at their home, the following day, but neither was able to offer any explanation as to how the boy came about his injuries.

A week after the alleged incident, Kennedy emailed an accident form to the child’s mum.

Mr Wynn-Jones said: “Kennedy was arrested and interviewed. She described an incident changing his nappy where his leg had bent at an acute and unusual angle.

"She appeared to be suggesting that was the cause of the injury.

“She claimed it was not until five days later that she realised maybe that was the cause of the injury and said that was why she had not mentioned it to mum when she had picked her son up from nursery, or when the police attended the following day.

“She completely forgot about it when she completed the accident form.”

Giving evidence, the child's mum, said: "He loved going to nursery. He seemed settled and content. I have always got on well with Brenda and Terry and I've been happy for them to care for him."

When she learned of her son's injury, she said: "I was shocked. I didn't expect anything like that."

Kennedy denied causing grievous bodily harm with intent and wilful assault, neglect or ill-treatment of a child in her care.