BM v A Local Authority & Ors [2024] EWFC 196 (23 July 2024)

BM v A Local Authority & Ors [2024] EWFC 196 (23 July 2024)

There are not solid grounds to revisit or re-open the original findings; new evidence (mother's admissions and father's acquittal) does not undermine findings regarding father's knowledge, complicity, and failure to seek medical attention. Reopening would cause unacceptable delay for F without changing her outcome.

Citation
[2024] EWFC 196
Parties
Applicant: BM; 1st Respondent: A Local Authority; 2nd Respondent: DR; 3rd Respondent: F (through her children's guardian)
Jurisdiction
England and Wales
Judgment Date
23 July 2024
Procedural Posture
Family Court Application to Re Open Findings of Fact / Judgment on Application to Re Open Findings
Outcome
Application to re-open findings refused
Legal Topics
Reopening Findings of Fact, Placement Orders, Child Welfare, Manslaughter, Parental Responsibility
Family Law Child Protection Reopening Findings of Fact Placement Orders Child Welfare Manslaughter Parental Responsibility

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Parties

BM

Applicant

A Local Authority

1st Respondent

DR

2nd Respondent

F (through her children's guardian)

3rd Respondent

Procedural Posture

Family Court Application to Re Open Findings of Fact / Judgment on Application to Re Open Findings

Legal Issues

  1. 1 Whether there are solid grounds to re-open findings of fact regarding the death of A and injuries to A
  2. 2 Whether new evidence (mother's admission and father's acquittal) justifies revisiting findings as to perpetration and father's knowledge/collusion

Ratio Decidendi

There are not solid grounds to revisit or re-open the original findings; new evidence (mother's admissions and father's acquittal) does not undermine findings regarding father's knowledge, complicity, and failure to seek medical attention. Reopening would cause unacceptable delay for F without changing her outcome.

Court Disposition

Application to re-open findings refused

Orders

  • No re-opening of findings of fact
  • No change to placement order for F