B And Y, Re

B And Y, Re

The trial judge's findings that the father sexually abused his daughter were reasonable and supported by the evidence. The judge properly considered inconsistencies, retractions, and the conduct of the ABE interview. The appeal did not identify errors sufficient to overturn the findings of fact.

Parties
Appellant: A Father; First Respondent: X Borough Council; Second Respondent: A Mother; Third Respondent: B and Y (by their children's guardian)
Jurisdiction
England and Wales
Judgment Date
17 June 2020
Procedural Posture
Appeal (family Law Care Proceedings) / Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Sexual Abuse Allegations, Care Orders, Fact Finding Hearings, Children's Evidence, Appeals in Family Proceedings
Family Law Child Protection Sexual Abuse Allegations Care Orders Fact Finding Hearings Children's Evidence Appeals in Family Proceedings

Case Brief

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Parties

A Father

Appellant

X Borough Council

First Respondent

A Mother

Second Respondent

B and Y (by their children's guardian)

Third Respondent

Procedural Posture

Appeal (family Law Care Proceedings) / Appeal Judgment

Legal Issues

  1. 1 Whether the trial judge erred in finding that the father sexually abused his daughter
  2. 2 Whether the judge failed to address inconsistencies in the child's evidence
  3. 3 Whether the judge misapplied the law regarding sexual abuse

Ratio Decidendi

The trial judge's findings that the father sexually abused his daughter were reasonable and supported by the evidence. The judge properly considered inconsistencies, retractions, and the conduct of the ABE interview. The appeal did not identify errors sufficient to overturn the findings of fact.

Court Disposition

Appeal dismissed

Orders

  • Final care order in respect of the children confirmed
  • Children to be rehabilitated with their mother