Nick Goodwin KC

Nick represent parents, children and local authorities in public law proceedings involving allegations of homicide, inflicted injury, sexual abuse and factitious/induced illness. He has an excellent grasp of the medical issues arising in such cases and has acquired particularly extensive experience in the cross-examination of pathologists and experts in inflicted head injury. He has appeared in many adoption cases where there are competing arguments for the child to be brought up within the birth family. In 2018 this side of his practice included an appeal regarding post-adoption contact under s.51A Children Act 1989 – the first time the Court of Appeal considered this new statutory provision.

Notable Public Law Children cases

Fact-finding in care proceedings, in which the mother was found to have fabricated or induced children’s illnesses.

Fact-finding in public law proceedings, concerning head injury to child.

Fact-finding in care proceedings, concerning in particular allegations that the father had sexually abused the oldest child. Application re: recusal. Final hearing.

Application by local authority for leave to withdraw medical treatment from child in care who had suffered severe brain damage.

Appeal by mother against a care order made in respect of her 9 month-old son.

Hearing to determine whether there should be a fact-finding with respect to allegations made by the mother against social worker.

Care proceedings. Judgment considering the position of medical expert who the local authority asserted had been manipulated by the mother.

Care proceedings in the High Court in respect of two children issued following allegations by Mother’s two older daughters that their Father had sexually assaulted them.

Mother accused of fabricated and induced illness by covert and chronic insulin maladministration.

Appeal by mother from the dismissal of applications to discharge placement orders and for the instruction of an independent social worker. Appeal dismissed.

Second appeal by LA from decision by circuit judge allowing an appeal against findings made by a deputy district judge in care proceedings involving 4 children. Appeal allowed.

Adoption application in which court ordered that birth father be notified, but birth mother refused to reveal his name, and he could not be identified.

Represented a local authority and successfully opposed a parent’s appeal against findings of fact made in care proceedings.

Before Lieven J investigating the circumstances surrounding the alleged multiple injuries (head injury, multiple fractures), neglect and death of an 11 week old baby.

An appeal against a decision that foreign convictions were admissible in evidence and carried presumptive weight that the offence had been committed in fact-finding in children’s cases.

The correct approach in uncertain perpetrator cases.

Nick advised and represented Somerset County Council in protracted High Court litigation relating to breaches of the Adoption Agencies Regulations 2005 (AAR 2005) – specifically a failure by its Agency Decision Maker to adhere to the regulations relating to the provision of medical reports from the Agency Medical Adviser. In this final judgment, it was decided by the President of the Family Division, Sir Andrew McFarlane, that although breaches of AAR 2005, reg 15/17 had occurred, an application for a declaration as to the validity of existing placement orders or adoption orders was not required or appropriate, because (a) such orders remained valid unless and until overturned and (b) in most cases where these occurred, there would rarely be a health issue, both significant yet unknown to the ADM and/or the court, that could undermine the orders’ validity.

Nick advised and represented Somerset County Council in protracted High Court litigation before Roberts J. relating to breaches of the Adoption Agency Regulations 2005 – specifically a failure by its Agency Decision Maker to adhere to the regulations relating to the provision of medical reports from the Agency Medical Adviser.

A twenty day High Court public law children case in which the court principally examined a local authority’s failings in relation to 4 children placed in foster-care. There were systemic and individual failures within the local authority that meant that the children’s false beliefs about their maternal family had not been corrected but instead became more entrenched, thwarting the restoration of contact. Keehan J. made comprehensive findings against the local authority.

Court of Appeal guidance on the family court’s power to control the distribution of its judgments and other sensitive material – in the present case to a serving offender.

Order of Judd J authorising a local authority to proceed with an adoption favoured by the parents without first assessing the paternal grandmother as a potential carer.

Nick acted on behalf of the local authority in a case involving the killing of a 2 month old infant. This was one of the first reported judgments on the use of a remote hearing platform in a case of this nature.

Successful appeal under s.31(8) and s.105(6) Children Act 1989.

Appeal against findings made of sexual assault and homicide in respect of a 10 yr old girl found deceased in her bedroom with neck and genital injuries. The Court of Appeal remitted the case for an unprecedented third fact-finding hearing before a (third) High Court judge.

Successful appeal on behalf of a mother before the Court of Appeal against first instance findings of complicity in sexual abuse.

Legal argument regarding the lawfulness of a placement in Scotland of an English child under the inherent jurisdiction where the child had been deprived of her liberty and the Scottish court had yet to determine whether the nobile officium jurisdiction could be exercised.

First Court of Appeal authority in relation to the provisions of s.51A Adoption and Children Act 2002 relating to post-adoption contact.

Successful appeal on behalf of a local authority against a first instance refusal to make a placement order.