Re G (Child Post-Mortem Report: Delays) [2022] EWFC 55 (14 June 2022)

Re G (Child Post-Mortem Report: Delays) [2022] EWFC 55 (14 June 2022)

This judgment does not lay down binding law but makes clear that it is no longer acceptable for the Family Court to passively accept year-long delays for post-mortem reports in suspected child homicide cases. The court must proactively consider whether such reports are truly necessary for threshold or welfare decisions, and where alternative evidence suffices, proceedings should not be delayed. The welfare of the child and statutory timeframes require a proactive, case-specific approach to evidence and case management.

Citation
[2022] EWFC 55
Parties
Local Authority: Cumbria County Council; Mother: Mother; Father: Father; Child: Child (G)
Jurisdiction
England and Wales
Judgment Date
14 June 2022
Procedural Posture
Public Law Child Care Proceedings (children Act 1989, S 31) / Case Management Hearing; Directions Resolved by Agreement; Judgment Following Transfer to President of the Family Division
Outcome
No judicial decision; narrative judgment only. Directions resolved by agreement; case remitted to allocated judge.
Legal Topics
Delay in Post Mortem Reports, Care Proceedings, Threshold Criteria Under Children Act 1989 S 31, Fact Finding Hearings, Expert Evidence in Child Death Cases
Family Law Child Protection Delay in Post Mortem Reports Care Proceedings Threshold Criteria Under Children Act 1989 S 31 Fact Finding Hearings Expert Evidence in Child Death Cases

Case Brief

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Parties

Cumbria County Council

Local Authority

Mother

Mother

Father

Father

Child (G)

Child

Procedural Posture

Public Law Child Care Proceedings (children Act 1989, S 31) / Case Management Hearing; Directions Resolved by Agreement; Judgment Following Transfer to President of the Family Division

Legal Issues

  1. 1 Whether Family Court must await delayed post-mortem report before proceeding in child protection cases involving suspected child homicide
  2. 2 Whether alternative evidence can suffice for threshold and welfare decisions under Children Act 1989, s 31
  3. 3 How to address systemic delays in post-mortem reporting impacting child welfare timelines

Ratio Decidendi

This judgment does not lay down binding law but makes clear that it is no longer acceptable for the Family Court to passively accept year-long delays for post-mortem reports in suspected child homicide cases. The court must proactively consider whether such reports are truly necessary for threshold or welfare decisions, and where alternative evidence suffices, proceedings should not be delayed. The welfare of the child and statutory timeframes require a proactive, case-specific approach to evidence and case management.

Court Disposition

No judicial decision; narrative judgment only. Directions resolved by agreement; case remitted to allocated judge.