O M (Children) v Local Authority & Ors

O M (Children) v Local Authority & Ors

The judge was entitled to refuse permission for additional expert evidence because the existing medical evidence was extensive, covered all relevant specialties, and there was no demonstrated lacuna or forensic need for further expert input; fairness and Article 6 rights were not breached.

Parties
Mother: GM; Father: KM; Appellant: The Local Authority; Child: LO; Child: EM
Jurisdiction
England and Wales
Judgment Date
21 December 2009
Procedural Posture
Care Proceedings / Appeal Against Refusal to Permit Instruction of Additional Expert Witnesses
Outcome
appeal dismissed; renewed application refused
Legal Topics
Expert Evidence, Non Accidental Injury, Children Act 1989, Threshold Criteria, Fair Trial, ECHR Article 6, ECHR Article 8
Family Law Child Protection Expert Evidence Non Accidental Injury Children Act 1989 Threshold Criteria Fair Trial ECHR Article 6 +1 more

Case Brief

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Parties

GM

Mother

KM

Father

The Local Authority

Appellant

LO

Child

EM

Child

Procedural Posture

Care Proceedings / Appeal Against Refusal to Permit Instruction of Additional Expert Witnesses

Legal Issues

  1. 1 Whether the judge erred in refusing permission to instruct additional expert witnesses (paediatrician and geneticist)
  2. 2 Whether the absence of independent expert evidence denied the parents a fair hearing
  3. 3 Whether there was a lacuna in the medical evidence requiring further expert input

Ratio Decidendi

The judge was entitled to refuse permission for additional expert evidence because the existing medical evidence was extensive, covered all relevant specialties, and there was no demonstrated lacuna or forensic need for further expert input; fairness and Article 6 rights were not breached.

Court Disposition

appeal dismissed; renewed application refused

Orders

  • No permission to instruct additional expert witnesses (paediatrician or geneticist)
  • Case to proceed to welfare stage on existing medical evidence