D (Children), Re [2002] EWCA Civ 526 (10 April 2002)

D (Children), Re [2002] EWCA Civ 526 (10 April 2002)

The judge's findings on risk and threshold were sufficiently reasoned and justified by her direct assessment of the witnesses' credibility; it is not necessary for a judge to address every inconsistency in detail where the overall findings are supported by the evidence. The application for permission to appeal is refused as there is no arguable error in the judge's approach or findings.

Citation
[2002] EWCA Civ 526
Parties
Mother / First Respondent: TD; Father / Second Respondent: LD; Local Authority / Applicant: Torfaen County Borough Council; Guardian: Guardian
Jurisdiction
England and Wales
Judgment Date
10 April 2002
Procedural Posture
Children Act Care Order Proceedings / Application for Permission to Appeal (post Threshold Finding, Preliminary Hearing)
Outcome
Application for permission to appeal refused
Legal Topics
Care Orders, Section 31 Threshold, Sexual Abuse Allegations, Judicial Fact Finding, Appeals Procedure
Family Law Child Protection Care Orders Section 31 Threshold Sexual Abuse Allegations Judicial Fact Finding Appeals Procedure

Case Brief

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Parties

TD

Mother / First Respondent

LD

Father / Second Respondent

Torfaen County Borough Council

Local Authority / Applicant

Guardian

Guardian

Procedural Posture

Children Act Care Order Proceedings / Application for Permission to Appeal (post Threshold Finding, Preliminary Hearing)

Legal Issues

  1. 1 Whether the judge's findings on threshold and risk were sufficiently reasoned and justified
  2. 2 Whether the judge failed to address inconsistencies in the evidence
  3. 3 Whether the judge's approach to the evidence and findings was legally adequate

Ratio Decidendi

The judge's findings on risk and threshold were sufficiently reasoned and justified by her direct assessment of the witnesses' credibility; it is not necessary for a judge to address every inconsistency in detail where the overall findings are supported by the evidence. The application for permission to appeal is refused as there is no arguable error in the judge's approach or findings.

Court Disposition

Application for permission to appeal refused

Orders

  • No order for costs save the usual assessments