A Local Authority v W & Ors (Application for Summary Dismissal of Findings)

Mr Shaun Spencer (instructed by Ms Elizabeth Emmington) for the Applicant Mr Nicholas Stonor QC and Kirsty Robinson (instructed by Butcher & Barlow LLP) for the First Respondent Mr Damian Garido QC and Mark Steward (instructed by Susan Howarth Solicitors) for the Second Respondent Ms Lisa Edmunds (instructed by BDH Solicitors) for the Third and Fourth Respondents Hearing dates: 23 April 2020 ____________________

i) Does the court have power at the case management stage to summarily dismiss disputed findings sought by a local authority against a parent in proceedings under Part IV of the Children Act 1989 independent of its case management powers under the Family Procedure Rules 2010?

ii) If the court does have such a power, should it be exercised in the circumstances of this case?

iii) If the court does not have such a power, should the court in any event decide and direct, pursuant to its case management powers under the FPR 2010, that it is not necessary for certain of the disputed findings sought by the local authority against the parents in these proceedings to be adjudicated by the court?

i) The two possible causes of S's presenting symptoms are (a) a naturally occurring but poorly understood process that interfered with S's breathing and (b) one of his parents intentionally suffocated him.