GW & Anor v Oldham Metropolitan Borough Council & Anor

GW & Anor v Oldham Metropolitan Borough Council & Anor

In care proceedings where the outcome turns on the interpretation of complex medical evidence by a single expert, and where that evidence is pivotal to the findings, parents are entitled to a second expert opinion. The refusal to allow such an opinion, particularly where not opposed by other parties and where the medical consensus is not robust, risks injustice. The case must be remitted for rehearing with both experts' evidence considered.

Parties
1st Appellant (mother): GW; 2nd Appellant (father): PW; 1st Respondent: Oldham Metropolitan Borough Council; 2nd Respondent: KPW (A Child) by his guardian
Jurisdiction
England and Wales
Judgment Date
31 October 2005
Procedural Posture
Appeal (care Proceedings) / Appeal From Fact Finding Judgment; Remittal for Rehearing
Outcome
Appeal allowed by consent; findings set aside; case remitted for rehearing before a different judge.
Legal Topics
Expert Evidence, Case Management, Non Accidental Injury (nai), Children Act 1989, Appeals
Family Law Child Protection Civil Procedure Expert Evidence Case Management Non Accidental Injury (nai) Children Act 1989 Appeals

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 8 Party arguments 2
Sign in to unlock

Parties

GW

1st Appellant (mother)

PW

2nd Appellant (father)

Oldham Metropolitan Borough Council

1st Respondent

KPW (A Child) by his guardian

2nd Respondent

Procedural Posture

Appeal (care Proceedings) / Appeal From Fact Finding Judgment; Remittal for Rehearing

Legal Issues

  1. 1 Whether the refusal to allow a second expert in paediatric neuroradiology was proper in care proceedings where the issue was pivotal
  2. 2 Whether parents are entitled to a second opinion on critical medical evidence in child protection cases
  3. 3 Appropriate case management in the context of expert evidence in family proceedings

Ratio Decidendi

In care proceedings where the outcome turns on the interpretation of complex medical evidence by a single expert, and where that evidence is pivotal to the findings, parents are entitled to a second expert opinion. The refusal to allow such an opinion, particularly where not opposed by other parties and where the medical consensus is not robust, risks injustice. The case must be remitted for rehearing with both experts' evidence considered.

Court Disposition

Appeal allowed by consent; findings set aside; case remitted for rehearing before a different judge.

Orders

  • Findings of fact made by Judge Newton set aside.
  • Case remitted to a judge of the Family Division for rehearing.