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19th Aug 2024 | Cases
Edward Kirkwood represented the First Respondent local authority in BM v A Local Authority & Ors [2024] EWFC 196; an application by father to re-open findings of fact in case involving the death of child, in light of new evidence in which mother admitted causing the injuries to child.
The mother of Child A pleaded guilty to manslaughter at her criminal trial and was subsequently sentenced to three and a half years imprisonment in December 2023. The father faced trial for criminal charges of allowing the death of a child and cruelty. He sought to challenge and overturn the findings made in family court in October 2021 citing new evidence that the mother had admitted causing the injuries leading to A’s death.
The court found no solid ground to revisit the findings regarding the father’s knowledge, complicity and failure to seek medical attention for A. The mother’s conviction and sentencing for manslaughter were deemed sufficient to establish her responsibility for A’s death. Application refused.