A Local Authority v X & Ors (Need for Finding of Fact Hearing) [2023] EWFC 121 (24 July 2023)

A Local Authority v X & Ors (Need for Finding of Fact Hearing) [2023] EWFC 121 (24 July 2023)

It is not necessary or proportionate to adjourn proceedings to await the post mortem report on C's death or to hold a fact-finding hearing into the cause of C's death, as there is already ample evidence of chronic neglect and harm to Z sufficient to determine threshold and welfare issues. Further delay would be...

Source-derived case information.

Citation
[2023] EWFC 121
Parties
Applicant: A Local Authority; First Respondent: X; Second Respondent: Y; Third Respondent: Z; Intervener: M
Jurisdiction
England and Wales
Judgment Date
24 July 2023
Procedural Posture
Care Proceedings Under Part IV Children Act 1989 / Case Management Decision on Necessity of Fact Finding Hearing
Outcome
Application for adjournment and for a fact-finding hearing into the cause of C's death refused.
Legal Topics
Care Proceedings, Fact Finding Hearings, Case Management, Delay and Welfare, Threshold Criteria, Contact Arrangements
Family Law Child Protection Care Proceedings Fact Finding Hearings Case Management Delay and Welfare Threshold Criteria Contact Arrangements

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Parties

A Local Authority

Applicant

X

First Respondent

Y

Second Respondent

Z

Third Respondent

M

Intervener

Procedural Posture

Care Proceedings Under Part IV Children Act 1989 / Case Management Decision on Necessity of Fact Finding Hearing

Legal Issues

  1. 1 Whether it is necessary to adjourn proceedings to await a post mortem report on C's death
  2. 2 Whether it is necessary and proportionate to hold a fact-finding hearing into the cause of C's death for the determination of Z's care proceedings

Ratio Decidendi

It is not necessary or proportionate to adjourn proceedings to await the post mortem report on C's death or to hold a fact-finding hearing into the cause of C's death, as there is already ample evidence of chronic neglect and harm to Z sufficient to determine threshold and welfare issues. Further delay would be inimical to Z's welfare and not justified by the potential evidential value of such a hearing.

Court Disposition

Application for adjournment and for a fact-finding hearing into the cause of C's death refused.

Orders

  • No adjournment to await post mortem report on C's death.
  • No fact-finding hearing to be held into the cause of C's death.