Re G (Child Post-Mortem Report: Delays)

Re G (Child Post-Mortem Report: Delays)

It is no longer acceptable for the Family Court to passively accept delays of up to a year for post-mortem reports in suspected child homicide cases. The court must proactively consider whether such evidence is truly necessary to establish the threshold and welfare decision, and adopt alternative evidentiary strategies where possible to avoid prejudicial delay.

Parties
Local Authority: Cumbria County Council; Respondent: Mother; Respondent: Father; Subject Child: Child (G)
Jurisdiction
England and Wales
Judgment Date
14 June 2022
Procedural Posture
Public Law Child Care Proceedings / Case Management Hearing
Outcome
Agreed consent order endorsed; case remitted for hearing before allocated judge; no binding judicial decision recorded.
Legal Topics
Delay in Post Mortem Reports, Care Proceedings, Child Homicide, Threshold Criteria, Case Management
Family Law Child Protection Delay in Post Mortem Reports Care Proceedings Child Homicide Threshold Criteria Case Management

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Parties

Cumbria County Council

Local Authority

Mother

Respondent

Father

Respondent

Child (G)

Subject Child

Procedural Posture

Public Law Child Care Proceedings / Case Management Hearing

Legal Issues

  1. 1 Impact of delay in post-mortem reports on child care proceedings
  2. 2 Whether Family Court must await post-mortem report to determine threshold criteria
  3. 3 Alternative evidentiary strategies in child homicide cases

Ratio Decidendi

It is no longer acceptable for the Family Court to passively accept delays of up to a year for post-mortem reports in suspected child homicide cases. The court must proactively consider whether such evidence is truly necessary to establish the threshold and welfare decision, and adopt alternative evidentiary strategies where possible to avoid prejudicial delay.

Court Disposition

Agreed consent order endorsed; case remitted for hearing before allocated judge; no binding judicial decision recorded.

Orders

  • Case remitted to Mr Justice MacDonald for further hearing.
  • Directions agreed by consent; hearing before President vacated.