A Local Authority v The Mother & Ors

A Local Authority v The Mother & Ors

The application for expert evidence was refused because there is already high-quality, contemporaneous medical and police evidence regarding the cause of death, and further expert evidence is not necessary. The possible cause of death (co-sleeping) is already acknowledged and can be addressed in risk assessments without elevating it to a probability. The appointment of an expert would likely cause delay without material benefit to the proceedings or the welfare of the children.

Parties
Applicant: A Local Authority; First Respondent: The Mother; Second Respondent: The Father; Third to Fifth Respondents: The Children (by their Children’s Guardian)
Jurisdiction
England and Wales
Judgment Date
27 November 2024
Procedural Posture
Family / Application for Expert Evidence Prior to Issue Resolution Hearing
Outcome
Application for expert evidence refused
Legal Topics
Expert Evidence, Fact Finding Hearings, Care Proceedings, Co Sleeping Risk, Sudden Unexplained Death in Infancy
Family Law Child Protection Expert Evidence Fact Finding Hearings Care Proceedings Co Sleeping Risk Sudden Unexplained Death in Infancy

Case Brief

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Parties

A Local Authority

Applicant

The Mother

First Respondent

The Father

Second Respondent

The Children (by their Children’s Guardian)

Third to Fifth Respondents

Procedural Posture

Family / Application for Expert Evidence Prior to Issue Resolution Hearing

Legal Issues

  1. 1 Whether the appointment of an expert to report on the cause of death of a sibling child is necessary for the just disposal of care proceedings involving the surviving children

Ratio Decidendi

The application for expert evidence was refused because there is already high-quality, contemporaneous medical and police evidence regarding the cause of death, and further expert evidence is not necessary. The possible cause of death (co-sleeping) is already acknowledged and can be addressed in risk assessments without elevating it to a probability. The appointment of an expert would likely cause delay without material benefit to the proceedings or the welfare of the children.

Court Disposition

Application for expert evidence refused

Orders

  • Parties may raise consequential arguments in writing by 4pm on 30 November 2023
  • Case to proceed to issue resolution hearing as per case management order