Derbyshire County Council v AA & Ors

Derbyshire County Council v AA & Ors

It is neither necessary nor proportionate to hold a fact-finding hearing because there is no evidence of deliberate injury, the parents have demonstrated positive parenting under extensive supervision, and any findings would not materially affect the welfare outcome or orders for the child; the current supervision plan can be agreed without a legally binding public law order.

Parties
Applicant: Derbyshire County Council; First Respondent: AA; Second Respondent: BA; Third Respondent: X (a child, through his Children’s Guardian); Intervener: University Hospitals of Derby & Burton NHS Foundation Trust
Jurisdiction
England and Wales
Judgment Date
05 December 2022
Procedural Posture
Care Proceedings / Pre Trial Review, Application for Dismissal Before Fact Finding Hearing
Outcome
Application for dismissal granted; fact-finding hearing not to proceed.
Legal Topics
Fact Finding Hearings, Non Accidental Injury, Threshold for Public Law Orders, Supervision Orders, Proportionality in Proceedings
Family Law Child Protection Fact Finding Hearings Non Accidental Injury Threshold for Public Law Orders Supervision Orders Proportionality in Proceedings

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Parties

Derbyshire County Council

Applicant

AA

First Respondent

BA

Second Respondent

X (a child, through his Children’s Guardian)

Third Respondent

University Hospitals of Derby & Burton NHS Foundation Trust

Intervener

Procedural Posture

Care Proceedings / Pre Trial Review, Application for Dismissal Before Fact Finding Hearing

Legal Issues

  1. 1 Whether a 9-day fact-finding hearing into alleged non-accidental injuries to a child is necessary and proportionate
  2. 2 Whether threshold for public law orders is met
  3. 3 Appropriateness of continued supervision plan

Ratio Decidendi

It is neither necessary nor proportionate to hold a fact-finding hearing because there is no evidence of deliberate injury, the parents have demonstrated positive parenting under extensive supervision, and any findings would not materially affect the welfare outcome or orders for the child; the current supervision plan can be agreed without a legally binding public law order.

Court Disposition

Application for dismissal granted; fact-finding hearing not to proceed.

Orders

  • Local Authority may apply to withdraw proceedings or proceed to a short final hearing to determine the final order.
  • Any future application in respect of the child should come before the same judge.