Key Facts
- •Care proceedings concerning 11-year-old Z, brought by a local authority.
- •Z's mother (X), father (Y), and older sister (M, intervener) are involved.
- •Z's two older sisters, P and M, have experienced infant child deaths.
- •Concerns regarding neglect, poor home conditions, and potential child abuse.
- •Z shows signs of trauma, neglect, and developmental delays.
- •Police investigations into the deaths of M's children (E and C) are ongoing.
- •Post-mortem report for C's death is outstanding, causing significant delay.
- •Drug testing reveals passive exposure to various substances in Z's household.
Legal Principles
Overriding objective of dealing with cases justly, expeditiously, and proportionately.
FPR 2010 r. 1.1
Court's broad case management powers in care proceedings.
FPR 2010 r. 4.1
Need to avoid delay prejudicial to child's welfare.
Children Act 1989, s.1(2); Children and Families Act 2014; Children Act 1989, s.32
Factors to consider when deciding on a fact-finding hearing (Oxfordshire principles).
Oxfordshire CC v DP, RS and BS [2005] 2 FLR 1031; Re H-D-H (Children) [2021] EWCA Civ 1192; Re H-W (Care Proceedings: Further Fact-Finding Hearing) [2023] EWCA Civ 14
Outcomes
Adjournment to await the post-mortem report is refused.
Further delay would be detrimental to Z's welfare; sufficient evidence exists to determine threshold criteria without the report.
Fact-finding hearing concerning C's death is deemed unnecessary.
Balancing the Oxfordshire factors, the potential benefit of a fact-finding hearing is outweighed by the delay and cost; sufficient evidence of neglect exists to proceed with care proceedings.