S (a child), Re [2002] EWCA Civ 978 (19 July 2002)

S (a child), Re [2002] EWCA Civ 978 (19 July 2002)

The judge was entitled to make findings of fact regarding father's failure to set proper sexual boundaries and neglect, based on credible evidence, and the threshold criteria for care proceedings were satisfied; no error in findings justifying permission to appeal.

Citation
[2002] EWCA Civ 978
Parties
Applicant (father): P. S.; Respondent (local Authority): North Yorkshire County Council; Respondent (mother): A. S.; Subject (child): S (A Child); Guardian Ad Litem: Sue Smith
Jurisdiction
England and Wales
Judgment Date
19 July 2002
Procedural Posture
Care Proceedings (children Act 1989) / Application for Permission to Appeal Findings of Fact
Outcome
Application for permission to appeal refused
Legal Topics
Care Proceedings, Threshold Criteria, Sexualised Behaviour, Neglect, Drug Abuse, Failure to Protect
Family Law Child Protection Care Proceedings Threshold Criteria Sexualised Behaviour Neglect Drug Abuse Failure to Protect

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Parties

P. S.

Applicant (father)

North Yorkshire County Council

Respondent (local Authority)

A. S.

Respondent (mother)

S (A Child)

Subject (child)

Sue Smith

Guardian Ad Litem

Procedural Posture

Care Proceedings (children Act 1989) / Application for Permission to Appeal Findings of Fact

Legal Issues

  1. 1 Whether findings of fact regarding father's failure to protect S from risk of sexual abuse were properly open to the judge
  2. 2 Whether judge erred in accepting evidence of G. P. over father's evidence
  3. 3 Whether threshold criteria under section 31 Children Act 1989 were satisfied

Ratio Decidendi

The judge was entitled to make findings of fact regarding father's failure to set proper sexual boundaries and neglect, based on credible evidence, and the threshold criteria for care proceedings were satisfied; no error in findings justifying permission to appeal.

Court Disposition

Application for permission to appeal refused

Orders

  • Thorpe LJ’s reasons for refusing permission and a copy of this judgment to be released to each party and the judge
  • Order restricting disclosure or reporting of information in this judgment