C (A Child)

C (A Child)

The Recorder erred by focusing solely on the mother's credibility and not fully considering the materiality of the new evidence or taking necessary steps to test it. The appeal is allowed and the application to reopen the finding is remitted for proper determination.

Parties
Subject Child: C (A Child); Appellant: Appellant Mother; Respondent Local Authority: Rotherham Metropolitan Borough Council; Respondent Child: E (A Child, by his Children’s Guardian); Intervenor: Intervenor (W)
Jurisdiction
England and Wales
Judgment Date
22 October 2019
Procedural Posture
Care Proceedings (child Protection) / Appeal From Order Refusing to Reopen Fact Finding
Outcome
Appeal allowed; application to reopen finding remitted for speedy disposal
Legal Topics
Reopening of Fact Finding, Non Accidental Injury, Case Management, Finality of Judgments
Family Law Child Protection Reopening of Fact Finding Non Accidental Injury Case Management Finality of Judgments

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Parties

C (A Child)

Subject Child

Appellant Mother

Appellant

Rotherham Metropolitan Borough Council

Respondent Local Authority

E (A Child, by his Children’s Guardian)

Respondent Child

Intervenor (W)

Intervenor

Procedural Posture

Care Proceedings (child Protection) / Appeal From Order Refusing to Reopen Fact Finding

Legal Issues

  1. 1 Whether the Recorder erred in reversing her own decision to reopen a previous fact-finding
  2. 2 Whether new evidence justified reopening the finding that the mother inflicted a bite mark on her child

Ratio Decidendi

The Recorder erred by focusing solely on the mother's credibility and not fully considering the materiality of the new evidence or taking necessary steps to test it. The appeal is allowed and the application to reopen the finding is remitted for proper determination.

Court Disposition

Appeal allowed; application to reopen finding remitted for speedy disposal

Orders

  • January 2019 decision to reopen finding 8 is revived
  • Application in relation to finding 8 remitted for speedy disposal before HHJ Carr QC