Re C & Ors (Care Proceedings: Fact Finding)
[2023] EWCA Civ 38
A Council v The Mother & Ors
20 March 2023
[2023] EWFC 37 (B)
Family Court
A baby got a head injury, nobody knows how. Social services got involved but doctors couldn't say if it was accidental or not. Everyone agreed it wasn't worth a big court case, so the case was dropped.
Key Facts
- •Child B suffered a skull fracture, the cause of which is unknown.
- •The father offered an explanation of an unwitnessed accident, but initial medical opinion suggested the injury didn't match the description.
- •The Local Authority's application asserted the injury was non-accidental, possibly due to deliberate infliction, recklessness, inadequate supervision, or failure to protect.
- •Proceedings were initially contested but became uncontested shortly before the hearing.
- •Medical experts' reports were inconclusive regarding whether the injury was accidental or non-accidental.
- •All parties eventually agreed a fact-finding hearing was unnecessary.
Legal Principles
Overriding objective of dealing with cases justly, expeditiously, fairly, proportionately, and with fair allocation of resources.
Family Procedure Rules 2010, r1.1
Local authority may withdraw care order application only with court permission.
Family Procedure Rules 2010, r29.4(2)
Withdrawal of care proceedings must consider (1) whether withdrawal promotes or conflicts with child's welfare and (2) the overriding objective under the FPR.
GC (A CHILD) [2020] EWCA Civ 848
Factors to consider when deciding whether to hold a fact-finding hearing: child's interests, time, cost, evidential result, necessity, relevance to future care plans, impact on other parties, prospects of fair trial, and justice of the case.
Oxfordshire County Council v DP, RS and BS [2005] EWHC 1593 and H-D-H [2021] EWCA Civ 1192
In public law, threshold findings must be made before public law orders; a fact-finding hearing shouldn't be undertaken unless it materially affects welfare outcome and orders.
Derbyshire County Council v AA & Ors [2022] EWHC 3404 (Fam)
Court shall not make an order unless it considers doing so would be better for the child than making no order at all.
Children Act 1989, s.1(5)
Outcomes
The Local Authority's application for Care Orders was dismissed.
A fact-finding hearing was deemed unnecessary because the medical evidence was inconclusive, threshold criteria were unlikely to be met, and a care order wouldn't provide additional benefits.