Appeal B4/2012/2017 & 2020 [2012] EWCA Civ 1487 In The Matter Of C (Children)

EDM number 835 in 2012-13, proposed by John Hemming on 11/12/2012.
Categorised under the topics of Children and families, Children's social services and Courts.

That this House notes the failure of the appeal of the parents against the adoption of their children in the case EWCA Civ 1487; further notes that the reason their children were taken into care was an allegation that one child had a fractured skull; further notes that there is evidence from 2007 that indicates that the child's skull was not fractured and instead fissured, but that this evidence was not given to the parents until after the finding of fact hearing; further notes that the second appeal failed because Munby rejected an appeal on 23 September 2011 against the finding of facts in part because new evidence was not provided to the court; further notes that this rejection was emailed in a scan of the judgment to the parents at 12.18pm on 23 September 2011; further notes that the mother had been given a deadline for providing the new evidence of 4pm on 23 September 2011 and provided that new evidence at 11.30am on 23 September 2011; further notes that it is clear that the evidence given to the administration at 11.30am was not provided to the judge when the decision was made; and recognises with sadness that the failure of the court administration to provide the new evidence to the court for consideration on 23 September 2011 has resulted in a miscarriage of justice.

This motion has been signed by a total of 2 MPs.