Key Facts
- •Father applies to re-open findings of fact in a case involving the death of his daughter (A) in May 2020.
- •Previous findings indicated A suffered multiple injuries, possibly inflicted by both parents.
- •Mother subsequently pleaded guilty to manslaughter, admitting to causing A's injuries.
- •Father was acquitted in criminal proceedings.
- •Application seeks to revoke placement order for A's sibling (F) and rehabilitate F to father's care.
- •New evidence includes revised translations of messages and the mother's admission of guilt.
Legal Principles
Test for reopening findings of fact involves balancing finality of litigation with sound welfare decisions, considering resource use, delay's effect on the child, establishing truth, significance of findings, and the quality/relevance of further evidence. There must be solid grounds for believing that the earlier findings require revisiting.
Re E (Children : Reopening Findings of Fact) [2019] EWCA Civ 1447 and Re J (Children : Reopening Findings of Fact) [2023] EWCA Civ 465
Challenging a finding of fact depends on it having potential legal consequences; it's not permissible simply because a party dislikes it.
Re E (Children : Reopening Findings of Fact) [2019] EWCA Civ 1447
Outcomes
Application to re-open findings of fact refused.
While the mother's manslaughter plea might lead to different findings regarding the perpetrator of A's fatal injuries, it doesn't absolve the father of his role, particularly his knowledge, complicity, and failure to seek medical attention. The new evidence, primarily revised translations of messages, is insufficient to undermine the original findings. Reopening the case would cause unacceptable delays for F and potentially disrupt her stable placement, outweighing any potential benefits.