H (A Child), Re

H (A Child), Re

The judge was entitled to include the father in the pool of possible perpetrators in relation to abuse for which he had opportunity, but erred in including him for injuries he could not have caused and in finding failure to protect without evidential basis. The matter must be retried in light of new evidence and proper application of the principles.

Parties
Appellant: Appellant Father; Respondent (local Authority): Doncaster Metropolitan Borough Council; Respondent: Mother; Guardian Ad Litem: Guardian
Jurisdiction
England and Wales
Judgment Date
28 July 2005
Procedural Posture
Appeal (family Law Child Protection) / Appeal From Fact Finding Judgment; Remittal for Retrial
Outcome
Appeal allowed in part; matter remitted for retrial
Legal Topics
Fact Finding Hearings, Pool of Perpetrators, Failure to Protect, Retrial Procedure
Family Law Child Protection Fact Finding Hearings Pool of Perpetrators Failure to Protect Retrial Procedure

Case Brief

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Parties

Appellant Father

Appellant

Doncaster Metropolitan Borough Council

Respondent (local Authority)

Mother

Respondent

Guardian

Guardian Ad Litem

Procedural Posture

Appeal (family Law Child Protection) / Appeal From Fact Finding Judgment; Remittal for Retrial

Legal Issues

  1. 1 Whether the judge erred in including the father in the pool of possible perpetrators of abuse
  2. 2 Whether there was evidential basis for finding a real possibility that the father was a perpetrator
  3. 3 Whether the judge erred in finding the father failed to protect the child

Ratio Decidendi

The judge was entitled to include the father in the pool of possible perpetrators in relation to abuse for which he had opportunity, but erred in including him for injuries he could not have caused and in finding failure to protect without evidential basis. The matter must be retried in light of new evidence and proper application of the principles.

Court Disposition

Appeal allowed in part; matter remitted for retrial

Orders

  • Retrial ordered before the same judge
  • Guardian's costs to be subject to detailed assessment