P And E (Care Proceedings: Whether to Hold Fact-Finding Hearing), Re
[2024] EWCA Civ 403
Derbyshire County Council v AA & Ors
5 December 2022
[2022] EWHC 3404 (Fam)
High Court
A baby had some broken ribs, and social services were worried. After watching the parents for over a year and seeing how well they cared for the baby, the judge decided a long court case wasn't needed. The parents will continue to be supervised, but less and less over time.
Key Facts
- •18-month-old X presented with healing rib fractures.
- •Fractures discovered during a routine tongue-tie operation.
- •Initial suspicion of non-accidental injury (NAI).
- •Care proceedings initiated, but no initial public law order made.
- •X remains under intensive supervision, with no concerns about parental care.
- •Local authority alleges NAI and dishonesty by parents.
- •Parents deny injuring X, suggesting possible injury at birth or in hospital.
- •Expert opinions favor NAI, but birth-related injury remains a possibility.
- •No previous social services involvement with parents.
- •Parents fully cooperated with the local authority throughout the proceedings.
- •Application to dismiss the case made by the parents' representatives.
- •Proposed 9-day fact-finding hearing scheduled.
Legal Principles
Overriding objective of dealing with cases justly, expeditiously, fairly, proportionately, and with fair allocation of resources.
Family Procedure Rules 2010 (FPR) r1.1
In deciding whether to order a fact-finding hearing, consider: (a) relevance of allegations to child arrangements, (b) purpose of assessing risk and impact of abuse, (c) sufficiency of other evidence, and (d) proportionality.
K v K [2022] EWCA Civ 468
Factors to consider before deciding whether to conduct a fact-finding exercise: child's interests, investigation time, cost, evidential result, necessity, relevance to care plans, impact on parties, prospects of fair trial, and justice of the case.
Oxfordshire County Council v DP, RS and BS [2005] EWHC 1593
Flexible approach to Oxfordshire factors, considering welfare of child (including knowing the truth), cost of court resources, time taken, evidential result (including public interest), relevance to care plans, impact on parties, prospects of fair trial, and justice of the case.
H-D-H [2021] EWCA Civ 1192
Outcomes
Dismissal of the application for a 9-day fact-finding hearing.
The hearing is deemed unnecessary and disproportionate given the extensive supervision already undertaken, the lack of evidence for deliberate injury, the positive parental care observed, and the lack of identifiable risk factors. Even if NAI were found, it is unlikely to materially impact care orders. The current supervision is causing harm to the child due to extensive travel.