In the recent decision of G (A Child: Scope of Fact-finding) [2025] EWCA Civ 1044, Andrew Bagchi KC and Emma Hudson, instructed by partner, Sarah Richardson of Russell-Cooke,  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.

Andrew and Emma together with Anna Lavelle were instructed to seek further permission to appeal to the Supreme Court. Although the application was refused, the attempt to bring the matter before the Supreme Court reflects the significance of the legal questions involved in a case that raises important issues around the scope of judicial fact-finding in care proceedings.