Caselaw Digest
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Re Z (Care Proceedings: Reopening of Fact Finding)

[2023] EWFC 137
A mom was found to have hurt her baby in 2016. Now, her baby's half-sibling was hurt, and the dad is a possible suspect. The judge said there wasn't enough new evidence to re-try the 2016 case, as it's unlikely the outcome would change, and it would cause delays.

Key Facts

  • Care proceedings involving four children: Z (7), W (3), Y (2), and X (1).
  • Z's mother (K) applied to reopen 2016 findings of fact that she inflicted injuries on Z.
  • 2016 findings: K inflicted injuries on Z; father not involved.
  • In 2022, X (then 6 weeks old) sustained significant injuries, leading to a new fact-finding hearing.
  • New fact-finding hearing: Pool of perpetrators found; father and L as possible perpetrators.
  • K argues that new information warrants reopening the 2016 findings.
  • Opposing parties argue against reopening: insufficient evidence for a different outcome.

Legal Principles

Test for reopening findings of fact: (i) Will reconsideration be permitted? (ii) Extent of investigation and evidence considered. (iii) Hearing of the review itself.

Re J (Children: Reopening Findings of Fact) [2023] EWCA Civ 465

Solid grounds required for revisiting earlier findings.

Re J [2023] EWCA Civ 465

Reopening only permitted with genuine new information, not to re-argue lost causes.

Re W (Children: Reopening: Recusal) [2020] EWCA Civ 1685

Finding of fact must have actual or potential legal significance.

Re E (Children: Reopening Findings of Fact) [2019] EWCA Civ 1447

Uncertain perpetrator finding is not a finding of fact in the conventional sense.

Re B (Children: Uncertain Perpetrator) [2019] EWCA Civ 575

Criminal standard of proof not applicable in family court.

Re R (Children) (Care Proceedings: Fact-Finding Hearing) [2018] EWCA Civ 198, Re H-N and Others (Children) (Domestic Abuse: Finding of Fact Hearing) [2021] EWCA Civ 448, A v B and Anor (Allegations of Rape) [2023] EWCA Civ 360

Outcomes

K's application to reopen the 2016 findings of fact refused.

Insufficient new information to warrant reopening; public interest in finality of litigation; delay and uncertainty; unlikely to lead to a different outcome; welfare of Z.

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