D & Anor (Fact-Finding: Research Literature), Re
[2024] EWCA Civ 663
P And E (Care Proceedings: Whether to Hold Fact-Finding Hearing), Re
26 April 2024
[2024] EWCA Civ 403
Court of Appeal
A baby was seriously hurt, and the parents didn't know how. A judge said no need to investigate, but a higher court disagreed. They said it's vital to find out what happened to keep the baby safe, even if the parents seem good otherwise.
Key Facts
- •Care proceedings concerning two children, E and P.
- •P sustained multiple non-accidental injuries shortly after birth.
- •Parents deny causing the injuries.
- •A parenting assessment showed positive aspects of parental care but could not assess risk without knowing the cause of P's injuries.
- •The judge refused a fact-finding hearing, relying heavily on a similar case where a fact-finding was deemed unnecessary.
- •The local authority and guardian appealed the decision.
Legal Principles
Factors to consider when deciding whether to hold a fact-finding hearing in care proceedings.
Oxfordshire County Council v DP, RS and BS [2005] EWHC 1593 (Fam) and Re H-D-H (Children) [2021] EWCA Civ 1192
Overriding objective in Family Procedure Rules must be considered.
Re H-D-H (Children) [2021] EWCA Civ 1192
A fact-finding hearing is only necessary if it will materially affect the welfare decision and future care plans.
Derbyshire County Council v AA and Others [2022] EWHC 3404 (Fam)
The court must consider all relevant factors and the overriding objective to do justice efficiently.
Re H-D-H (Children) [2021] EWCA Civ 1192
Outcomes
Appeals allowed; fact-finding hearing ordered.
The judge erred in principle by relying too heavily on a similar case with materially different facts. The judge failed to adequately consider the necessity of a fact-finding hearing to assess the risk of future harm to the children. The positive parenting assessment, while significant, could not safely inform risk assessment without determining the cause of the injuries.