Amy (Scope of Fact Finding), Re

Amy (Scope of Fact Finding), Re

A fact-finding hearing is not necessary because the risk assessment and care planning for Amy can proceed without determining Ella’s responsibility for Peter’s death; the degree and nature of risk to Amy are not materially altered by such a finding, and the delay, cost, and emotional impact outweigh any potential benefit.

Parties
Applicant: A London Borough; First Respondent: Ella; Second Respondent: Amy (by her Children’s Guardian)
Jurisdiction
England and Wales
Judgment Date
08 May 2025
Procedural Posture
Care Proceedings / Case Management Decision
Outcome
Fact-finding hearing refused; proceedings to continue on existing timetable.
Legal Topics
Fact Finding Hearings, Case Management, Risk Assessment, Care Orders
Family Law Child Protection Fact Finding Hearings Case Management Risk Assessment Care Orders

Case Brief

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Parties

A London Borough

Applicant

Ella

First Respondent

Amy (by her Children’s Guardian)

Second Respondent

Procedural Posture

Care Proceedings / Case Management Decision

Legal Issues

  1. 1 Whether a fact-finding hearing is necessary to determine the circumstances of Peter's death and its relevance to Amy's care planning

Ratio Decidendi

A fact-finding hearing is not necessary because the risk assessment and care planning for Amy can proceed without determining Ella’s responsibility for Peter’s death; the degree and nature of risk to Amy are not materially altered by such a finding, and the delay, cost, and emotional impact outweigh any potential benefit.

Court Disposition

Fact-finding hearing refused; proceedings to continue on existing timetable.

Orders

  • Proceedings to continue towards IRH on 4 July 2025.
  • Part 25 applications not addressed.