Cumbria County Council v M and others (Application for Rehearing) (No.5)

Family proceedings – Orders. In earlier care proceedings, findings of fact were made in respect of the circumstances surrounding the death of a child (P) in 2012. Family proceedings ended with the making of care orders concerning the other children of the family. Subsequently, new medical evidence emerged, a new inquest was ordered in respect of P, a serious case review was in progress and it was announced that criminal proceedings were not to be taken against either of P's parents. The father applied for the discharge of the care orders and for a contact order. The application, which amounted to an application for a rehearing, was supported by the children's guardian, but opposed by the local authority and the mother. The Family Division held that, on the facts, justice required that a further hearing should take place.

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