Children partner, Sarah Richardson, instructed Andrew Bagchi KC and Emma Hudson of 1GC, to seek further permission to appeal to the Supreme Court in the recent Court of Appeal decision of G (A Child: Scope of Fact-finding) [2025] EWCA Civ 1044.
The team appeared on behalf of the Children's Guardian in the Court of Appeal to advance an appeal against a case management decision made in the family court. The issue was whether it was necessary for the court to undertake a fact finding hearing in relation to the cause of death of a previous child of the mother who is now involved in the current care proceedings. The appeal was dismissed by a majority decision of the Court of Appeal, Baker LJ providing a strong dissenting judgement.
Following this, an application was made to the Supreme Court for permission to appeal. Although permission was ultimately refused, the case raises important issues around the scope of judicial fact-finding in care proceedings, and the attempt to bring the matter before the Supreme Court reflects the significance of the legal questions involved.
Supreme Court appeals in children cases are rare, and the team’s involvement in seeking such a review underscores our continued commitment to advancing the law in the interests of children.
Sarah Richardson leads a team of solicitors specialising in all areas of children law including complicated care proceedings, adoption, family creation and relocation both local and international.
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If you would like to speak with a member of the team you can contact our children law solicitors by telephone on +44 (0)20 3826 7528 or complete our enquiry form.