Introduction
Constance Marten and Mark Gordon, the couple convicted of the gross negligence manslaughter of their newborn baby Victoria, have each been sentenced to 14 years’ imprisonment.
A case that has gripped media attention since 2017 has now reached its conclusion, highlighting not only the role of the criminal justice system in determining liability but also raising critical questions about whether the family justice system could have prevented such a devastating outcome.
Background
In late December 2022, Marten gave birth to a baby girl, later named Victoria. The birth was concealed from authorities, and only days later the couple’s car was discovered abandoned and burnt out near Bolton. Inside, investigators found evidence of a recent birth — including a placenta — confirming that Marten had delivered a child.
The discovery sparked a nationwide manhunt. Over the following weeks, Marten and Gordon moved across the country by taxi and on foot, deliberately avoiding medical and social services. Their disappearance attracted widespread media attention, amid growing fears for the baby’s safety.
On 27 February 2023, the couple were arrested in Brighton after a tip-off from a member of the public. Victoria was not with them. Two days later, on 1 March 2023, officers found her decomposed body in a shed, wrapped inside a Lidl bag. Both parents were charged with gross negligence manslaughter, concealing the birth of a child, perverting the course of justice, child cruelty, and causing or allowing the death of a child. They pleaded not guilty to all charges. At trial, they denied negligence, claiming Victoria had died accidentally after Marten fell asleep while holding her. Expert evidence, however, indicated that the most likely cause of death was hypothermia, brought on by exposure to winter conditions in a tent without adequate warmth or shelter.
In July 2025, following a retrial at the Old Bailey, the jury convicted both parents of gross negligence manslaughter. In September 2025, they were sentenced to 14 years each, with Gordon given an additional extended licence in light of his violent offending history.
The Importance of This Case in Family Law
The case exposed the tragic consequences of parental actions but also underscored the wider role of the family justice system.
Years before Victoria’s birth, Marten and Gordon’s four older children had been removed into care and later placed for adoption. Those earlier care proceedings were informed by concerns about domestic violence, unsafe living conditions, and the parents’ persistent refusal to engage with professional support.
Some observers suggest that the urgency of those interventions may have contributed to the couple’s deep mistrust of the authorities, instilling fear that Victoria would inevitably be removed at birth. This fear arguably drove them to conceal her pregnancy and avoid all oversight, decisions that ultimately placed Victoria in fatal danger.
Nevertheless, the family courts’ actions were guided by the paramountcy principle under s.1 of the Children Act 1989, which requires that a child’s welfare is the court’s paramount consideration. Applying this principle, judges concluded that the older children’s safety required permanent removal and adoption. These decisions were described as “draconian but necessary,” illustrating the difficult balance between protecting children from harm and upholding Article 8 ECHR, which guarantees the right to respect for family life.
Lessons for the Family Justice System
The Marten and Gordon case demonstrates both the necessity and the limitations of the family justice system.
On the one hand, it tragically validates the rationale for urgent protective measures: children at risk may not survive without decisive intervention. On the other hand, it raises searching questions. Did the earlier removals unintentionally fuel the couple’s determination to evade services? Could a more supportive, less adversarial approach have reduced their mistrust and made concealment less likely?
Conclusion
As highlighted at the outset, the trial illustrates not only the role of the criminal justice system in determining liability but also raises profound questions about the effectiveness of the family justice system in preventing such tragedies.
While the paramountcy principle under s.1 of the Children Act 1989 justified the earlier removal of the couple’s older children, the devastating outcome in Victoria’s case shows how mistrust of the authorities can undermine child protection.
The lasting impact of this case lies in its dual message: that the family justice system remains an essential safeguard, but it must also strive to balance protective intervention with approaches that foster trust and engagement, ensuring that its absence does not inadvertently create the very risks it seeks to prevent.