K-K (Children), Re [2024] EWCA Civ 1025 (10 September 2024)

K-K (Children), Re [2024] EWCA Civ 1025 (10 September 2024)

The Court of Appeal held that the trial judge was entitled to make adverse findings as to the credibility of KK and NK, did not reverse the burden of proof, and was justified in finding sexual abuse and failure to protect on the evidence, notwithstanding deficiencies in the investigation and A's retractions. The appeal was dismissed and permission to appeal refused.

Citation
[2024] EWCA Civ 1025
Parties
1st Appellant: KK; 2nd Appellant: NK; 1st Respondent: London Borough of Enfield; 2nd Respondent: A (the child); 3rd to 5th Respondents: Younger siblings and half siblings (by Children's Guardian)
Jurisdiction
England and Wales
Judgment Date
10 September 2024
Procedural Posture
Appeal (family Law Care Proceedings) / Judgment on Appeal From Fact Finding in Family Court
Outcome
Appeal dismissed; permission to appeal refused.
Legal Topics
Sexual Abuse Allegations, Fact Finding Appeals, Burden of Proof, Credibility Assessment, Retraction of Allegations, Care Proceedings
Family Law Child Protection Sexual Abuse Allegations Fact Finding Appeals Burden of Proof Credibility Assessment Retraction of Allegations Care Proceedings

Case Brief

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Parties

KK

1st Appellant

NK

2nd Appellant

London Borough of Enfield

1st Respondent

A (the child)

2nd Respondent

Younger siblings and half siblings (by Children's Guardian)

3rd to 5th Respondents

Procedural Posture

Appeal (family Law Care Proceedings) / Judgment on Appeal From Fact Finding in Family Court

Legal Issues

  1. 1 Whether the trial judge erred in finding sexual abuse by KK against A
  2. 2 Whether the trial judge erred in finding NK failed to protect A
  3. 3 Whether the judge misapplied the burden of proof

Ratio Decidendi

The Court of Appeal held that the trial judge was entitled to make adverse findings as to the credibility of KK and NK, did not reverse the burden of proof, and was justified in finding sexual abuse and failure to protect on the evidence, notwithstanding deficiencies in the investigation and A's retractions. The appeal was dismissed and permission to appeal refused.

Court Disposition

Appeal dismissed; permission to appeal refused.