P And E (Care Proceedings: Whether to Hold Fact-Finding Hearing), Re

P And E (Care Proceedings: Whether to Hold Fact-Finding Hearing), Re

The judge erred by relying on comparison with the Derbyshire case rather than applying the established legal principles from Oxfordshire and Re H-D-H; material differences between the cases were overlooked, and the necessity of a fact-finding hearing was not properly evaluated. Without findings as to how the injuries occurred, risk assessment and future welfare planning for the children cannot be safely conducted. The appeal is allowed, the order refusing a fact-finding hearing is set aside, and the matter is remitted for a fact-finding hearing.

Parties
First Appellant: Local Authority; Second and Third Appellants: Children's Guardian; First Respondent: Mother; Second Respondent: F (Father of P); Third Respondent: E's Father
Jurisdiction
England and Wales
Judgment Date
19 November 2024
Procedural Posture
Appeal / Court of Appeal Judgment on Appeal From Family Court Decision Regarding Necessity of Fact Finding Hearing in Care Proceedings
Outcome
Appeal allowed; order refusing fact-finding hearing set aside; proceedings remitted for fact-finding hearing.
Legal Topics
Care Proceedings, Fact Finding Hearings, Threshold Criteria, Risk Assessment, Child Welfare, Case Management Discretion
Family Law Child Protection Care Proceedings Fact Finding Hearings Threshold Criteria Risk Assessment Child Welfare Case Management Discretion

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Parties

Local Authority

First Appellant

Children's Guardian

Second and Third Appellants

Mother

First Respondent

F (Father of P)

Second Respondent

E's Father

Third Respondent

Procedural Posture

Appeal / Court of Appeal Judgment on Appeal From Family Court Decision Regarding Necessity of Fact Finding Hearing in Care Proceedings

Legal Issues

  1. 1 Whether a fact-finding hearing is necessary and proportionate in care proceedings involving alleged non-accidental injuries to a child
  2. 2 Whether the judge erred in principle by relying on comparison with another first instance decision rather than applying established legal principles
  3. 3 Whether the absence of findings impedes risk assessment and future welfare planning for the children

Ratio Decidendi

The judge erred by relying on comparison with the Derbyshire case rather than applying the established legal principles from Oxfordshire and Re H-D-H; material differences between the cases were overlooked, and the necessity of a fact-finding hearing was not properly evaluated. Without findings as to how the injuries occurred, risk assessment and future welfare planning for the children cannot be safely conducted. The appeal is allowed, the order refusing a fact-finding hearing is set aside, and the matter is remitted for a fact-finding hearing.

Court Disposition

Appeal allowed; order refusing fact-finding hearing set aside; proceedings remitted for fact-finding hearing.

Orders

  • Order of 6 March 2024 set aside.
  • Fact-finding hearing to proceed.