A & Anor v Northamptonshire County Counci & Ors

A & Anor v Northamptonshire County Counci & Ors

The parents failed to establish any solid ground or real reason to revisit the 2012 findings. The alleged new evidence regarding vitamin D deficiency, osteopenia, and EDS was either not new, not material, or comprehensively addressed by prior expert evidence. There is no material difference between the opinions of Dr Watt and Dr Summers, and Dr Irvine's unchallenged report excludes any genetic predisposition to fractures. The application is dismissed.

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 / Application to Set Aside Fact Finding in Care Proceedings
Outcome
Application dismissed
Legal Topics
Reopening Findings of Fact, Non Accidental Injury, Expert Medical Evidence, Finality of Litigation, Special Guardianship Orders
Family Law Child Protection Reopening Findings of Fact Non Accidental Injury Expert Medical Evidence Finality of Litigation Special Guardianship Orders

Case Brief

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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 / Application to Set Aside Fact Finding in Care Proceedings

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 deficiency, osteopenia, EDS) justifies reopening the findings

Ratio Decidendi

The parents failed to establish any solid ground or real reason to revisit the 2012 findings. The alleged new evidence regarding vitamin D deficiency, osteopenia, and EDS was either not new, not material, or comprehensively addressed by prior expert evidence. There is no material difference between the opinions of Dr Watt and Dr Summers, and Dr Irvine's unchallenged report excludes any genetic predisposition to fractures. The application is dismissed.

Court Disposition

Application dismissed

Orders

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