T (A Child), Re [2002] EWCA Civ 1317 (11 September 2002)
The judge was entitled to conclude, after careful analysis, that the evidence was compelling that the injuries occurred while the child was in the mother's care and that the adverse evidence against the Ts was insufficient for inculpation; the correct legal standard was applied.
- Citation
- [2002] EWCA Civ 1317
- Parties
- Father: PT; Mother: LTH; Local Authority: Hertfordshire County Council
- Jurisdiction
- England and Wales
- Judgment Date
- 11 September 2002
- Procedural Posture
- Care Proceedings (fact Finding) / Application for Permission to Appeal (court of Appeal)
- Outcome
- Application for permission to appeal refused
- Legal Topics
- Standard of Proof in Care Proceedings, Identification of Perpetrator, Fact Finding in Child Injury Cases
Case Brief
Summary, issues, holding and outcome
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Parties
PT
Father
LTH
Mother
Hertfordshire County Council
Local Authority
Procedural Posture
Care Proceedings (fact Finding) / Application for Permission to Appeal (court of Appeal)
Legal Issues
- 1 Whether the judge erred in exculpating the paternal family and finding the injuries occurred while the child was in the mother's care
- 2 Whether the correct standard of proof was applied in identifying the likely perpetrator
Ratio Decidendi
The judge was entitled to conclude, after careful analysis, that the evidence was compelling that the injuries occurred while the child was in the mother's care and that the adverse evidence against the Ts was insufficient for inculpation; the correct legal standard was applied.
Court Disposition
Application for permission to appeal refused
Orders
- Detailed assessment of the mother's publicly funded costs
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