SW and KSW & Ors

SW and KSW & Ors

The judge exercised his discretion properly in refusing to compel the child complainant to give evidence and in proceeding with the care proceedings despite pending criminal proceedings. The findings of rape were open to the judge on the evidence, and his decision was not plainly wrong. The process, though unsatisfactory in some respects, was not unfair in law.

Parties
1st Appellant: SW; 2nd Appellant: KSW; 1st Respondent: Portsmouth City Council; 2nd Respondent: ISW, AJW, EDW - The Children
Jurisdiction
England and Wales
Judgment Date
01 July 2009
Procedural Posture
Appeal (care Proceedings) / Appeal From Fact Finding Order in Care Proceedings
Outcome
Appeal dismissed (permission granted but appeal fails)
Legal Topics
Care Proceedings, Findings of Fact, Concurrent Criminal and Care Proceedings, Child Sexual Abuse Allegations, Cross Examination of Child Witnesses, Legal Representation in Care Cases
Family Law Child Protection Criminal Law (interface) Care Proceedings Findings of Fact Concurrent Criminal and Care Proceedings Child Sexual Abuse Allegations Cross Examination of Child Witnesses +1 more

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Parties

SW

1st Appellant

KSW

2nd Appellant

Portsmouth City Council

1st Respondent

ISW, AJW, EDW - The Children

2nd Respondent

Procedural Posture

Appeal (care Proceedings) / Appeal From Fact Finding Order in Care Proceedings

Legal Issues

  1. 1 Whether the judge erred in refusing to permit cross-examination of the child complainant (ISW) in care proceedings
  2. 2 Whether the judge should have adjourned the care proceedings pending the outcome of the criminal trial
  3. 3 Whether the findings of rape against the appellant were properly open to the judge on the evidence

Ratio Decidendi

The judge exercised his discretion properly in refusing to compel the child complainant to give evidence and in proceeding with the care proceedings despite pending criminal proceedings. The findings of rape were open to the judge on the evidence, and his decision was not plainly wrong. The process, though unsatisfactory in some respects, was not unfair in law.

Court Disposition

Appeal dismissed (permission granted but appeal fails)

Orders

  • Permission to appeal granted on limited grounds
  • Appeal dismissed; findings of fact upheld