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Re G (Child Post-Mortem Report: Delays) [2022] EWFC 55

Date:29 JUN 2022
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(Family Court, Sir Andrew McFarlane, President of the Family Division, 14 June 2022)

Public law children – Care proceedings – Post-mortem report in suspected child homicide – Delay – Surviving sibling, G, of baby who died at home in local authority care since shortly after brother’s death – Extensive delay in post-mortem report prohibiting fact-finding case into baby’s death, and subsequent long-term plan for G’s care

The President of the Family Division held that it was no longer acceptable for the Family Court simply, and passively, to accept that a post-mortem report in a suspected child homicide would take a year and that the family proceedings involving the surviving child(ren) had to therefore be put on hold.


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Neutral Citation Number: [2022] EWFC 55 

Case No: WH21C00033
IN THE FAMILY COURT

Royal Courts of Justice
Strand, London, WC2A 2LL

Date: 14/06/2022

Before :

SIR ANDREW MCFARLANE (PRESIDENT OF THE FAMILY DIVISION)

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Re G (Child Post-Mortem Report: Delays)

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Miss Cheetham QC and Mr Gilmore  (instructed by Cumbria County Council) for the Local Authority
Mr Rowley QC and Miss Whiteley  (instructed by Atkinson Ritson Solicitors) for the Mother
Miss Bowcock QC and Mr Jones (instructed by Cumbria Family Law) for the Father
Mr Rothery and Mr Flood (instructed by Bendles Solicitors) for the Child


Hearing dates: 30 March 2022

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Approved Judgment

I direct that no official shorthand note shall be taken of this Judgment and that copies of this version as handed down may be treated as authentic.

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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. 

This judgment was handed down by the Judge remotely by circulation to the parties' representatives by email and release to The National Archives. The date and time for hand-down is deemed to be 10.30am on Tuesday 14 June 2022  

Judgment: Re G (Child Post-Mortem Report: Delays) [2022] EWFC 55

 

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