P and P (Children), Re

P and P (Children), Re

The judge's refusal to permit the instruction of a paediatric pathologist was premature and deprived the court of potentially crucial evidence. The proper course was to obtain the report and then decide on the direction of the case. The appeal was allowed and the instruction of a paediatric pathologist was ordered.

Parties
Appellant: North Somerset Council; 1st Respondent: LP; 2nd Respondent: MP; 3rd and 4th Respondent: JP and JP (by their Children’s Guardian JH); Intervenor: NG
Jurisdiction
England and Wales
Judgment Date
24 June 2009
Procedural Posture
Care Proceedings Under the Children Act 1989 / Appeal Against Case Management Decision
Outcome
Appeal allowed
Legal Topics
Care Proceedings, Case Management, Expert Evidence, Delay in Proceedings
Family Law Child Protection Care Proceedings Case Management Expert Evidence Delay in Proceedings

Case Brief

Summary, issues, holding and outcome

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Parties

North Somerset Council

Appellant

LP

1st Respondent

MP

2nd Respondent

JP and JP (by their Children’s Guardian JH)

3rd and 4th Respondent

NG

Intervenor

Procedural Posture

Care Proceedings Under the Children Act 1989 / Appeal Against Case Management Decision

Legal Issues

  1. 1 Whether the judge erred in refusing permission to instruct a paediatric pathologist to review the post-mortem of child C
  2. 2 Whether the refusal was premature and deprived the court of relevant evidence

Ratio Decidendi

The judge's refusal to permit the instruction of a paediatric pathologist was premature and deprived the court of potentially crucial evidence. The proper course was to obtain the report and then decide on the direction of the case. The appeal was allowed and the instruction of a paediatric pathologist was ordered.

Court Disposition

Appeal allowed

Orders

  • Set aside the judge’s refusal to permit the instruction of a paediatric pathologist.
  • Directed the local authority to urgently identify and, jointly with other parties, instruct a paediatric pathologist to review the post-mortem of child C and answer specified questions.