C (Children), Re

C (Children), Re

The judicial error in considering propensity and withdrawn allegations did not taint the primary finding, as the judge's decision was ultimately based on the credible evidence of L alone, and the findings in paragraphs 45 and 46 were clear and strong.

Parties
Appellant's Advocate: Ms Bacon; Second Respondent's Advocate: Mr Payne; Second Respondent: Coventry County Council; Appellant's Advocates (firm): Messrs Kundert & Co
Jurisdiction
England and Wales
Judgment Date
02 October 2008
Procedural Posture
Appeal / Judgment on Appeal From Fact Finding Hearing in Public Law Child Protection Proceedings
Outcome
Appeal dismissed
Legal Topics
Fact Finding Hearings, Propensity Evidence, Credibility Assessment, Appeal Procedure
Family Law Child Protection Fact Finding Hearings Propensity Evidence Credibility Assessment Appeal Procedure

Case Brief

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Parties

Ms Bacon

Appellant's Advocate

Mr Payne

Second Respondent's Advocate

Coventry County Council

Second Respondent

Messrs Kundert & Co

Appellant's Advocates (firm)

Procedural Posture

Appeal / Judgment on Appeal From Fact Finding Hearing in Public Law Child Protection Proceedings

Legal Issues

  1. 1 Whether the trial judge erred by relying on withdrawn allegations as corroborative evidence
  2. 2 Whether the finding of propensity tainted the primary finding of abuse
  3. 3 Whether the appeal should be allowed due to judicial error

Ratio Decidendi

The judicial error in considering propensity and withdrawn allegations did not taint the primary finding, as the judge's decision was ultimately based on the credible evidence of L alone, and the findings in paragraphs 45 and 46 were clear and strong.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed except to the extent of striking out findings of propensity and inappropriate behaviour with D