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.