M-M (a child), Re

M-M (a child), Re

The judge's refusal to order further genetic testing was a proper exercise of case management discretion, as the value of the test was too small to justify the cost and invasiveness given the existing evidence that osteogenesis imperfecta was extremely unlikely.

Parties
Subject Child: M-M (a Child); Appellant: Mother of M-M; Respondent: Local Authority; Respondent: Guardian; Second Defendant: Father of M-M; Fourth Respondent: Paternal Grandmother; Party With Unascertained Position: Maternal Grandmother
Jurisdiction
England and Wales
Judgment Date
16 May 2007
Procedural Posture
Appeal / Application for Further Medical Testing in Fact Finding Hearing
Outcome
Appeal dismissed; application for further genetic testing refused.
Legal Topics
Fact Finding Hearing, Expert Evidence, Case Management Discretion, Medical Testing in Child Protection Cases
Family Law Child Protection Fact Finding Hearing Expert Evidence Case Management Discretion Medical Testing in Child Protection Cases

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Parties

M-M (a Child)

Subject Child

Mother of M-M

Appellant

Local Authority

Respondent

Guardian

Respondent

Father of M-M

Second Defendant

Paternal Grandmother

Fourth Respondent

Maternal Grandmother

Party With Unascertained Position

Procedural Posture

Appeal / Application for Further Medical Testing in Fact Finding Hearing

Legal Issues

  1. 1 Whether the court should order further genetic testing for osteogenesis imperfecta in a child protection fact-finding hearing

Ratio Decidendi

The judge's refusal to order further genetic testing was a proper exercise of case management discretion, as the value of the test was too small to justify the cost and invasiveness given the existing evidence that osteogenesis imperfecta was extremely unlikely.

Court Disposition

Appeal dismissed; application for further genetic testing refused.

Orders

  • Application for referral to Professor Bishop for genetic testing refused.