A second bite of the cherry? Fact-finding after withdrawal of care proceedings

Andrew Bainham, Barrister at St Philips Chambers, Birmingham; Emeritus Reader in Family Law and Policy, University of Cambridge

The Court of Appeal has recently considered the principles governing the reopening of findings of fact in care proceedings in several cases. This article looks at a recent decision which considers the related, but distinctly novel, question arising where a local authority has withdrawn proceedings and then wishes to re-litigate matters which formed the basis of those earlier proceedings. Does permission to withdraw involve a determination of facts so as to apply the same principles which govern reopening after a fact-finding hearing? This article looks at the principles which govern permission to withdraw care proceedings, also the subject of a recent Court of Appeal decision. It goes on to discuss whether the test for re-litigating matters which grounded the earlier proceedings should be different depending on the basis for permission to withdraw. 

The full article will be published in the February issue of Family Law. 

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Read the full article here.