Darren Howe KC MCIArb

Children (Public Law)

Darren has extensive experience in cases of the most complex kind that are heard in the Family Court, the Family Division of the High Court and the Court of Appeal. He is instructed on behalf of parents, children and local authorities and has a keen eye to the detail of a case. He demonstrates a clear understanding of the medical science that the court considers when determining the cause of injury or death of the child. Darren also has extensive experience in complex fact-finding hearings concerning allegations of fabricated illness and sexual abuse.

Selected Cases

• Re BR and Other [2023] EWFC 9. A case in which the court permitted the media to attend the fact-finding hearing as part of the transparency pilot project.
• A Local Authority v Mother and Others [2022] EWFC 172: A case in which the parents were found not to have caused injuries to their child.
• Centeral Bedfordshire Council v F and others [2022] EWFC 130. A case in which the parents were found not to have caused injuries to their child.
• G, Re [2020] EWFC 94 (2020)
• Cases A, B and C (Adoption: Notification of Fathers and Relatives) [2020] EWCA Civ 41
• A Local Authority v The Mother & Ors [2020] EWHC 1233 (Fam): Williams J gave a useful analysis of the matters to be considered when hearing a case remotely, in person or in hybrid form.
• C (Children: Covid-19: Representation) [2020] EWCA Civ 734: Appeal provided an important clarification about remote hearings.
• AA & 25 Ors (Children) (Rev 2) [2019] EWFC 64
• Re P [2018] EWCA Civ 720: Successful appeal against findings of sexual abuse made by a High Court judge due to the judge failing to provide an adequately reasoned judgment.
• Bournemouth Borough Council v A Mother and Others [2017] EWFC 18: Case concerning the cause of death of a baby, by shaking or shaking with impact, and identification of the perpetrator.
• ES (A child) [2017] EWFC B96: Case concerning Ehlers Danlos Syndrome in which it was successfully argued that EDS was the cause of the numerous bruises suffered by the child. It was also successfully argued, by challenging the evidence of a radiologist, that the child had suffered 2 rib fractures and not the 12 rib fractures and 2 metaphseal fractures alleged by the local authority.
• Re M (A Child) [2015] EWHC 2082: Case concerning inconsistency in findings concerning sexual abuse of a child in proceedings in both England and Scotland.
• Re T (Care Proceedings: Drug Testing) [2013] 2 FLR 467: Case concerning the reliability of hair strand drug testing in care proceedings and the procedure to be adopted if test results are challenged.
• Re E (Withdrawal of Care Proceedings) [2013] EWHC 2400: Case concerning allegations of fabricated and induced illness where is was alleged that the parents were inducing illness in their child with special needs but there were case management failures by the local authority.
• Re M (A Child) (Care Order: Findings Against Father) [2013] All ER (D) 54 (Oct), [2013] EWCA Civ 1819: Appeal against the making of a care order following allegations of sexual abuse and findings that the response of the parents had caused the child significant harm.
• A County Council v K and others [2011] 2 FLR 817: Case concerning the legality of CAFCASS management interfering with the decision of a children’s guardian in care proceedings.
• Re L (Care Proceedings: Removal of Child) [2008] 1 FLR 575: Case concerning the test to be applied by the court when making an interim care order.
• Re B – L (Children) (Care Proceedings: Responsibility for Injury) [2004] All ER (D) 345 (May): a case concerning a successful appeal to the Court of Appeal, against findings that the mother had perpetrated injuries to the child, due to the trial Judge breaching the mother’s right to a fair trial by unfairly relying on evidence that the local authority had agreed was not relevant to the fact-finding hearing.