Peter Rothery appeared in C and D (Refusal to Hold Fact-Finding Hearing) for C, the third respondent child whose 14 month old sibling E died in unexplained circumstances

Peter Rothery, led by Nick Goodwin KC of Harcourt Chambers, and instructed by Jennifer Stephenson of Alfred Newton Solicitors, appeared in C and D (Refusal to Hold Fact-Finding Hearing) for C, the third respondent child whose 14 month old sibling E died in unexplained circumstances whilst in C's care.  

The local authority sought findings against C's mother and against C, who was the subject of the proceedings before the Court and in the interim care of the local authority seeking the findings against her.   C, 14 years old, suffered from situational mutism, social anxiety and post traumatic stress.

Gwynneth Knowles J accepted the submissions made on behalf of C and concluded after a careful application of the Oxfordshire principles that there should not be a fact finding hearing:  it was not necessary or proportionate in circumstances where the threshold criteria were met and the additional findings sought were unlikely to change the assessment of risk or affect the outcome of the case.

The Court concluded that the welfare of C weighed against a fact-finding hearing, that the medical evidence was unlikely to  establish a sole perpetrator finding; and that any benefits of making findings would be outweighed by the significant psychological and emotional harm which would be caused to C by the fact finding hearing.    The Court doubted that there could be a fair hearing in circumstances where it was accepted by all parties that the Court should not hear from C herself, and where C was capable (for emotional and psychological reasons) of giving meaningful instructions.   The Court concluded “The forensic benefit of any fact-finding enquiry strikes me not only as marginal but also as highly dubious given its potential effect on one of the children with whose welfare the court is ultimately concerned."

C and D (Refusal to Hold Fact-Finding Hearing), Re - Find Case Law - The National Archives [2026] EWFC 155

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