G (A Child: Scope of Fact-finding), Re

G (A Child: Scope of Fact-finding), Re

The judge’s decision not to direct a fact-finding hearing into Z’s death was open to him, as risk assessment and care planning for X could proceed based on present evidence of the mother’s character and current parenting; a finding about Z’s death would not materially alter the outcome for X, and the disadvantages of delay, cost, and impact outweighed the necessity for fact-finding.

Parties
Appellant Local Authority: London Borough of Ealing; Appellant Child: G (A Child) through Children’s Guardian; Respondent Mother: Mother (M)
Jurisdiction
England and Wales
Judgment Date
31 July 2025
Procedural Posture
Care Proceedings (family) / Appeal From Family Court, Case Management Decision
Outcome
Appeal dismissed (majority); judge’s case management decision upheld.
Legal Topics
Fact Finding Scope, Risk Assessment, Threshold Criteria, Care Orders, Standard of Proof
Family Law Child Protection Case Management Fact Finding Scope Risk Assessment Threshold Criteria Care Orders Standard of Proof

Case Brief

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Parties

London Borough of Ealing

Appellant Local Authority

G (A Child) through Children’s Guardian

Appellant Child

Mother (M)

Respondent Mother

Procedural Posture

Care Proceedings (family) / Appeal From Family Court, Case Management Decision

Legal Issues

  1. 1 Whether the judge was wrong not to direct a fact-finding hearing into the death of the mother's first child (Z)
  2. 2 Whether risk assessment for the current child (X) can proceed without findings about Z's death
  3. 3 Whether the judge's balancing exercise on necessity and relevance of fact-finding was legally correct

Ratio Decidendi

The judge’s decision not to direct a fact-finding hearing into Z’s death was open to him, as risk assessment and care planning for X could proceed based on present evidence of the mother’s character and current parenting; a finding about Z’s death would not materially alter the outcome for X, and the disadvantages of delay, cost, and impact outweighed the necessity for fact-finding.

Court Disposition

Appeal dismissed (majority); judge’s case management decision upheld.

Orders

  • No fact-finding hearing into Z’s death directed.
  • Care proceedings to continue based on current evidence and risk assessment.