Nick Goodwin KC and Martha Gray in Royal Borough of Kensington and Chelsea v NM & Ors [2024] EWFC 48

19th Mar 2024 | Cases

Nick Goodwin KC was instructed by the Applicant Local Authority and Martha Gray was instructed by Dawson Cornwell in Royal Borough of Kensington and Chelsea v NM & Ors [2024] EWFC 48a decision by MacDonald J as to the proper ambit of a fact finding with respect to allegations made by the mother against the former allocated social worker and two residential workers arising out of an email sent to the mother by the residential placement in which the eldest child then resided.   The mother contended that the email demonstrates that the social worker colluded with one or other or both of two residential workers to elicit negative evidence from the placement and to achieve the deletion of records regarding the case.  The mother sought a fact-finding of fact on the issue or alternatively sought to cross-examine the social worker on the contents of the email.  This was opposed by the local authority and Guardian.  MacDonald J found that on a fine balance it was not necessary to undertake a fact-finding with respect to the allegations.  Further, having  reached that decision, it would not be appropriate to permit the cross examination of witnesses on the material.

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