A & Anor v Northamptonshire County Counci & Ors [2018] EWHC 3244 (Fam) (17 October 2018)

A & Anor v Northamptonshire County Counci & Ors [2018] EWHC 3244 (Fam) (17 October 2018)

There is no new or fresh evidence casting doubt on the original findings. The medical evidence does not establish vitamin D deficiency or a genetic/metabolic condition predisposing E to fractures. The opinions of Dr Watt do not materially differ from those previously considered. There are no solid grounds or real reason to revisit the 2012 findings of non-accidental injury.

Citation
[2018] EWHC 3244 (Fam)
Parties
First Applicant: A; Second Applicant: B; First Respondent: Northamptonshire County Council; Second Respondent: Mr & Mrs C; Third Respondent: D & E (via their Children's Guardian)
Jurisdiction
England and Wales
Judgment Date
17 October 2018
Procedural Posture
Family Law Application to Reopen Findings of Fact in Care Proceedings / Application for Permission to Set Aside Previous Fact Finding Judgment
Outcome
Application dismissed
Legal Topics
Reopening Findings of Fact, Non Accidental Injury, Expert Medical Evidence, Vitamin D Deficiency, Osteopenia, Osteogenesis Imperfecta, Special Guardianship Orders
Family Law Child Protection Reopening Findings of Fact Non Accidental Injury Expert Medical Evidence Vitamin D Deficiency Osteopenia Osteogenesis Imperfecta +1 more

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Parties

A

First Applicant

B

Second Applicant

Northamptonshire County Council

First Respondent

Mr & Mrs C

Second Respondent

D & E (via their Children's Guardian)

Third Respondent

Procedural Posture

Family Law Application to Reopen Findings of Fact in Care Proceedings / Application for Permission to Set Aside Previous Fact Finding Judgment

Legal Issues

  1. 1 Whether there is a real reason to revisit the 2012 findings of non-accidental injury to child E
  2. 2 Whether new medical evidence (vitamin D insufficiency, osteopenia, possible genetic conditions) justifies reopening the findings

Ratio Decidendi

There is no new or fresh evidence casting doubt on the original findings. The medical evidence does not establish vitamin D deficiency or a genetic/metabolic condition predisposing E to fractures. The opinions of Dr Watt do not materially differ from those previously considered. There are no solid grounds or real reason to revisit the 2012 findings of non-accidental injury.

Court Disposition

Application dismissed

Orders

  • Mother's application for permission to reopen findings of fact made by Recorder Hedley in September 2012 is dismissed.