H (A Child), Re

H (A Child), Re

The trial judge was entitled to find a core of truth in the ABE interviews despite their flaws, and his findings of fact were not so outside the permissible range as to justify appellate interference. The only correction required was to clarify that there was no finding of penetration in one allegation.

Parties
Appellant: A (a young man); Respondent: Lancashire County Council
Jurisdiction
England and Wales
Judgment Date
17 February 2014
Procedural Posture
Appeal / Application for Permission to Appeal Findings of Fact
Outcome
Appeal dismissed; permission to appeal refused
Legal Topics
Findings of Fact, Adoption, Placement Orders, Evidentiary Standards, Appeals
Family Law Child Protection Findings of Fact Adoption Placement Orders Evidentiary Standards Appeals

Case Brief

Summary, issues, holding and outcome

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Parties

A (a young man)

Appellant

Lancashire County Council

Respondent

Procedural Posture

Appeal / Application for Permission to Appeal Findings of Fact

Legal Issues

  1. 1 Whether the trial judge erred in relying on ABE interviews as the sole evidence against A
  2. 2 Whether the findings of fact were unsafe due to flaws in the interview process
  3. 3 Whether the proportionality evaluation of placement options was missing

Ratio Decidendi

The trial judge was entitled to find a core of truth in the ABE interviews despite their flaws, and his findings of fact were not so outside the permissible range as to justify appellate interference. The only correction required was to clarify that there was no finding of penetration in one allegation.

Court Disposition

Appeal dismissed; permission to appeal refused

Orders

  • Order corrected to clarify no finding of penetration in respect of K
  • All other findings and orders of the trial judge upheld