BM v A Local Authority & Ors

BM v A Local Authority & Ors

There are not solid grounds to revisit the original findings or re-open the case. While the mother's conviction and admissions may lead to a different conclusion as to the perpetrator of A's fatal injuries, they do not undermine the findings regarding the father's knowledge, complicity, and failure to seek medical attention. The new evidence is limited and does not materially affect the evidential picture. Further delay would be detrimental to F, and reopening would not change the overall outcome for her.

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
24 July 2024
Procedural Posture
Family / Application to Re Open Findings of Fact
Outcome
Application refused
Legal Topics
Reopening Findings of Fact, Care and Placement Orders, Child Welfare, Parental Responsibility, Delay in Proceedings
Family Law Child Protection Reopening Findings of Fact Care and Placement Orders Child Welfare Parental Responsibility Delay in Proceedings

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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 / Application to Re Open Findings of Fact

Legal Issues

  1. 1 Whether the findings of fact regarding the father's involvement in the injuries and death of child A should be re-opened in light of new evidence (mother's admission and criminal conviction)
  2. 2 Whether the father's knowledge, complicity, and failure to seek medical attention for A should be reconsidered
  3. 3 Whether delay and welfare considerations for child F outweigh the need to revisit findings

Ratio Decidendi

There are not solid grounds to revisit the original findings or re-open the case. While the mother's conviction and admissions may lead to a different conclusion as to the perpetrator of A's fatal injuries, they do not undermine the findings regarding the father's knowledge, complicity, and failure to seek medical attention. The new evidence is limited and does not materially affect the evidential picture. Further delay would be detrimental to F, and reopening would not change the overall outcome for her.

Court Disposition

Application refused

Orders

  • Application to re-open findings of fact is refused
  • No re-opening of findings regarding the father's knowledge, complicity, or failure to seek medical attention