BB (Care Proceedings) (Mid-Trial Dismissal and Withdrawal of Allegations)

BB (Care Proceedings) (Mid-Trial Dismissal and Withdrawal of Allegations)

The court refused to dismiss the proceedings or exclude further allegations at the mid-trial stage, holding that there remained a forensic purpose to hearing the Respondents' evidence and that the scale of investigative deficiencies did not justify summary dismissal. The court also held that withdrawn allegations could be relied upon by Respondents as examples of unreliability, and that all relevant evidence should be considered to ensure a fair fact-finding process.

Parties
Applicant Local Authority: A City Council; Respondent: 1st Respondent; Respondent: 2nd Respondent; Respondent: 3rd Respondent; Respondent: 4th Respondent; Respondents (children): 5th and 10th Respondents, the Children; Intervenor: 1st Intervenor; Intervenor: 2nd Intervenor; Intervenor: 3rd Intervenor (a protected party acting by his litigation friend the Official Solicitor); Intervenor: 4th Intervenor
Jurisdiction
England and Wales
Judgment Date
03 March 2021
Procedural Posture
Care Proceedings / Mid Trial, Interim Applications to Dismiss or Withdraw Allegations
Outcome
Applications to dismiss proceedings and to exclude allegations at mid-trial stage refused; proceedings to continue to hear Respondents' evidence.
Legal Topics
Care Orders, Sexual Abuse Allegations, Case Management, Fact Finding Hearings, Threshold Criteria, Withdrawal of Allegations
Family Law Child Protection Care Orders Sexual Abuse Allegations Case Management Fact Finding Hearings Threshold Criteria Withdrawal of Allegations

Case Brief

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Parties

A City Council

Applicant Local Authority

1st Respondent

Respondent

2nd Respondent

Respondent

3rd Respondent

Respondent

4th Respondent

Respondent

5th and 10th Respondents, the Children

Respondents (children)

1st Intervenor

Intervenor

2nd Intervenor

Intervenor

3rd Intervenor (a protected party acting by his litigation friend the Official Solicitor)

Intervenor

4th Intervenor

Intervenor

Procedural Posture

Care Proceedings / Mid Trial, Interim Applications to Dismiss or Withdraw Allegations

Legal Issues

  1. 1 Whether the proceedings or certain allegations should be dismissed at the mid-trial stage due to evidential deficiencies and breaches of Achieving Best Evidence (ABE) guidance
  2. 2 Whether the Local Authority can withdraw allegations and the evidential consequences thereof
  3. 3 Whether the court should require Respondents to give oral evidence before making findings

Ratio Decidendi

The court refused to dismiss the proceedings or exclude further allegations at the mid-trial stage, holding that there remained a forensic purpose to hearing the Respondents' evidence and that the scale of investigative deficiencies did not justify summary dismissal. The court also held that withdrawn allegations could be relied upon by Respondents as examples of unreliability, and that all relevant evidence should be considered to ensure a fair fact-finding process.

Court Disposition

Applications to dismiss proceedings and to exclude allegations at mid-trial stage refused; proceedings to continue to hear Respondents' evidence.

Orders

  • Proceedings not dismissed; all remaining allegations to proceed to fact-finding.
  • Withdrawn allegations may be relied upon by Respondents as examples of unreliability.