Care proceedings Court of Appeal win

Hopkins Solicitors (instructed for the children) have acted in the recent Court of Appeal case of Re P and E (Care Proceedings: Whether to Hold a Fact-Finding Hearing) [2024] EWCA Civ 403.

The case involved an appeal against a case management decision not to hold a fact-finding hearing when three medical experts agreed that the most likely explanation for the alleged non-accidental injuries of an infant were that they had been inflicted, rather than caused by accident. It was initially concluded by a circuit judge in the care proceedings that no fact-finding hearing was needed, however this decision was overturned in the Court of Appeal, following the appeals made by the local authority and the children’s guardian.

The case highlights what the court must consider when deciding whether a fact-finding hearing is necessary or not.

A full briefing on the case which can be read here.

If you have questions surrounding Nottinghamshire care proceedings matters or Derbyshire care proceedings matters, Hopkins Solicitors highly experienced Family & Children Law Team are here to help. They can be contact via the form below or by telephoning your nearest office which can be found on our Contact Us page.