C (A Child) (Fact-Finding) [2022] EWCA Civ 584 (04 May 2022)

C (A Child) (Fact-Finding) [2022] EWCA Civ 584 (04 May 2022)

The trial judge's findings were based on a careful evaluation of all evidence, including the ABE interviews and professional testimony. The limited departures from ABE Guidance did not undermine the reliability of the child's allegations. The father's explanation for non-attendance was not credible, justifying an adverse inference. There was no justification for appellate interference.

Citation
[2022] EWCA Civ 584
Parties
Appellant Father: Ranjit Singh; First Respondent Local Authority: Local Authority; Second Respondent Mother: Sharan Bhachu
Jurisdiction
England and Wales
Judgment Date
04 May 2022
Procedural Posture
Appeal From Family Court (care Proceedings) / Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Care Proceedings, Fact Finding, Child Neglect, Child Abuse, Adverse Inference, Achieving Best Evidence (abe) Guidance
Family Law Child Protection Care Proceedings Fact Finding Child Neglect Child Abuse Adverse Inference Achieving Best Evidence (abe) Guidance

Case Brief

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Parties

Ranjit Singh

Appellant Father

Local Authority

First Respondent Local Authority

Sharan Bhachu

Second Respondent Mother

Procedural Posture

Appeal From Family Court (care Proceedings) / Appeal Judgment

Legal Issues

  1. 1 Whether the judge was wrong to accept the child's evidence given alleged flaws in the ABE process
  2. 2 Whether the judge was wrong to draw adverse inferences from the father's failure to attend and give evidence

Ratio Decidendi

The trial judge's findings were based on a careful evaluation of all evidence, including the ABE interviews and professional testimony. The limited departures from ABE Guidance did not undermine the reliability of the child's allegations. The father's explanation for non-attendance was not credible, justifying an adverse inference. There was no justification for appellate interference.

Court Disposition

Appeal dismissed

Orders

  • Findings of fact made by the Family Court judge are upheld
  • No interference with the trial judge's findings