A Local Authority v M & Ors (Fact Finding)

Mika Pine for A Local Authority Paul Storey QC and Alexa Storey-Rea (instructed by Wollens Solicitors ) for the First Respondent Andrew Bagchi QC and Dorian Day (instructed by Brendan Flemming Solicitors) for the Second Respondent Fiona Bailey (instructed by Haywards Solicitors) for the Guardian Hearing dates: 1-12 April 2019 ____________________

This judgment was delivered in private. The judge has given leave for this version of the judgment to be published on condition that (irrespective of what is contained in the judgment) in any published version of the judgment the anonymity of the children and members of their family must be strictly preserved. All persons, including representatives of the media, must ensure that this condition is strictly complied with. Failure to do so will be a contempt of court.

ii) The standard of proof of course is the balance of probabilities ( Re B [2008] UKHL 35 ). If the Local Authority proves on the balance of probabilities that baby A was killed by the mother or sustained inflicted injuries at her hands the Court treats that facts as established and all future decision concerning the future welfare of B, based on that finding. Equally if the Local Authority fails to prove those facts the Courts disregards the allegations completely.

iii) Findings of fact must be based on evidence as Munby LJ (as he was then) observed in Re A (A child) Fact Finding Hearing: (Speculation) [2011] EWCA Civ 12 :

iv) When considering cases of suspected child abuse the Court must inevitably survey a wide canvass and take into account all the evidence and furthermore consider each piece of evidence in the context of all the other evidence. As Dame Elizabeth Butler-Sloss P observed in Re T [2004] EWCA Civ 558 [2004] 2 FLR838 .