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England and Wales Family Court Decisions (High Court Judges)
You are here: BAILII >> Databases >> England and Wales Family Court Decisions (High Court Judges) >> Cumbria County Council v M and F (Application for Rehearing)  EWFC 35 (24 April 2015)
Cite as:  EWFC 35
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B e f o r e :
Sitting at the Civil Justice Centre, Manchester
Cumbria County Council v M and F (Application for Rehearing)
The Children (by their Children's Guardian)
Jane Cross QC and Peter Rothery (instructed by Cumbria County Council v M and F (Application for Rehearing)) for the Local Authority
Gillian Irving QC and Stephen Bedford (instructed by Denby Co Solicitors) for the Mother
Janet Bazley QC and Carly Henley (instructed by Bendles Solicitors) for the Children's Guardian
Hearing date 23 April 2015 Judgment date 24 April 2015
Crown Copyright ©
Mr Justice Peter Jackson:
(i) The finding of fact addressed in the more recent evidence is of central importance for the family. It is of a kind that determines the children's future and is of great significance to the parents.
(ii) It will be important for the children to have an accurate understanding of what happened to their sister. The more recent evidence has the effect of raising doubt about the existing conclusion. The children's welfare requires that the matter is resolved.
(iii) The more recent evidence, like the previous medical evidence, comes from a reputable source; further, it was commissioned in response to concerns expressed by this court about the earlier police enquiry.
(iv) While the outcome of a further hearing cannot be foreseen, it is possible that a review of the overall medical evidence may lead to a different conclusion. It may, or it may not. What can be said is that there is a serious issue to determine in the light of the further opinions.