Cumbria County Council v M (1st Respondent) F (2nd Respondent) The Children (by their Children's Guardian) (3rd Respondents)
| Jurisdiction | England & Wales |
| Judge | Mr Justice Peter Jackson |
| Judgment Date | 30 March 2015 |
| Neutral Citation | [2015] EWHC 918 (Fam) |
| Date | 30 March 2015 |
| Court | Family Division |
| Docket Number | Case No: CA13C000119 |
[2015] EWHC 918 (Fam)
IN THE HIGH COURT OF JUSTICE
FAMILY DIVISION
The Honourable Mr Justice Peter Jackson
Case No: CA13C000119
Jane Cross QC and Peter Rothery (instructed by Cumbria County Council) for the Applicant
Gillian Irving QC (instructed by Denby Co Solicitors) for the Mother
Karl Rowley QC and Jenny Scully (instructed by Livingstons Solicitors) for the Father
Janet Bazley QC and Carly Henley (instructed by Bendles Solicitors) for the Children's Guardian
Richard Hunt for Cumbria Constabulary
Oliver Murphy for Guardian News and Media Ltd, Associated Newpapers Ltd, The BBC, CN Group, Independent Print Ltd, The Press Association, Telegraph Media Group and Times Newspapers Ltd
Judgment date 30 March 2015
JUDGMENT: Publication of Judgment (No. 4)
A year ago, on 28 March 2014, I gave a judgment in these care proceedings. In it, I made findings of fact about the circumstances surrounding the death of Poppi Worthington in December 2012. The judgment also raised issues about the manner in which her death had been investigated for consideration by various responsible authorities.
There have subsequently been a number of developments. In October, the family proceedings ended with the making of orders in relation to the other children of the family. In the same month a coroner's inquest was held in circumstances that provoked criticism. Steps now have been taken to secure a fresh inquest. A Serious Case Review is also in progress. Meanwhile, a reporting restriction order has been made in these family proceedings and remains in effect. Its terms have been settled with the participation of the media and it is not suggested that the current version, dated 14 January 2015, should be disturbed. Finally, on 16 March 2015, Cumbria Constabulary announced that criminal proceedings are not to be taken against either of Poppi's parents.
The hearing that has taken place today was fixed last December in order to consider once again whether the fact-finding judgment should be published. The central reason why that had not so far occurred was the risk that publication might prejudice any criminal trial. The very recent conclusion of the criminal investigations removes that concern. If this were the only consideration, a decision that the judgment should now be published would have been likely.
However, a further unforeseen factor has now come into play. It arises from the criminal investigation itself. The police have obtained expert advice about the medical investigations into Poppi's death from three specialists. Those opinions, not available at the time of the family court hearing, differ in a number of respects from the expert advice upon which the findings of fact were based.
In the result, the court and all those participating at this hearing have now been notified that an application is on the point of being issued by Poppi's father, seeking a reopening of the court's findings.
On the question of publication of the judgment, there is division between the parties:
(i) The media, on whose behalf Ms...
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