AD & AM (Fact-Finding Hearing) (Application for Re-Hearing)

AD & AM (Fact-Finding Hearing) (Application for Re-Hearing)

There are sufficiently solid grounds, based on new expert medical evidence (including analysis of the skull bone, findings of possible bone fragility, and differing opinions on causation and timing), to permit a limited reconsideration or review of the earlier fact-finding determination. The new evidence, while not necessarily likely to alter the original findings, raises sufficient doubt to justify proceeding to Stage 2 of the review process.

Parties
Mother: MB; Father: FB; Local Authority: London Borough of Newham; Children's Guardian: Children's Guardian
Jurisdiction
England and Wales
Judgment Date
24 February 2016
Procedural Posture
Care Proceedings (part IV Children Act 1989) / Application for Re Hearing of Fact Finding Determination (stage 1: Permission to Re Open Findings)
Outcome
Permission granted for limited reconsideration/review of earlier fact-finding determination (proceed to Stage 2).
Legal Topics
Re Hearing of Fact Finding, Non Accidental Injury, Expert Evidence, Children Act 1989, Finality of Litigation, Medical Evidence Review
Family Law Child Protection Re Hearing of Fact Finding Non Accidental Injury Expert Evidence Children Act 1989 Finality of Litigation Medical Evidence Review

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Parties

MB

Mother

FB

Father

London Borough of Newham

Local Authority

Children's Guardian

Children's Guardian

Procedural Posture

Care Proceedings (part IV Children Act 1989) / Application for Re Hearing of Fact Finding Determination (stage 1: Permission to Re Open Findings)

Legal Issues

  1. 1 Whether there are solid grounds to permit a re-hearing of previous fact-finding determinations regarding non-accidental injuries to a child
  2. 2 Whether new expert medical evidence justifies revisiting findings of fact
  3. 3 Appropriate test for re-opening findings in care proceedings

Ratio Decidendi

There are sufficiently solid grounds, based on new expert medical evidence (including analysis of the skull bone, findings of possible bone fragility, and differing opinions on causation and timing), to permit a limited reconsideration or review of the earlier fact-finding determination. The new evidence, while not necessarily likely to alter the original findings, raises sufficient doubt to justify proceeding to Stage 2 of the review process.

Court Disposition

Permission granted for limited reconsideration/review of earlier fact-finding determination (proceed to Stage 2).

Orders

  • Urgent experts' meeting to be convened including experts from both rounds of litigation to review new and old evidence.
  • Experts to consider significance of new pathological findings, osteopenia, vitamin D deficiency, rickets, and lucid interval.