M & L (Children)

M & L (Children)

The judge was entitled to find E's allegations proved not only by her apparent veracity but also by the father's destroyed credibility, as shown by his lies about other serious matters. The judge's approach to weighing the evidence as a whole, including adverse credibility findings, was legally permissible and justified the findings of sexual abuse.

Parties
Applicant: Applicant Father; Respondent Local Authority: East Riding of Yorkshire Council; Respondent Children: Children (M and L) by their Children’s Guardian; Respondent Mother: Mother
Jurisdiction
England and Wales
Judgment Date
30 October 2007
Procedural Posture
Civil (care Orders Children) / Application for Permission to Appeal (first Stage of Split Trial)
Outcome
Application for permission to appeal refused
Legal Topics
Care Orders, Findings of Fact, Sexual Abuse Allegations, Standard of Proof, Credibility Assessment
Family Law Child Protection Care Orders Findings of Fact Sexual Abuse Allegations Standard of Proof Credibility Assessment

Case Brief

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Parties

Applicant Father

Applicant

East Riding of Yorkshire Council

Respondent Local Authority

Children (M and L) by their Children’s Guardian

Respondent Children

Mother

Respondent Mother

Procedural Posture

Civil (care Orders Children) / Application for Permission to Appeal (first Stage of Split Trial)

Legal Issues

  1. 1 Whether the trial judge erred in finding the father had sexually abused E and whether the findings were justified on the evidence
  2. 2 Whether the judge's reasoning and reliance on credibility and collateral findings was legally permissible

Ratio Decidendi

The judge was entitled to find E's allegations proved not only by her apparent veracity but also by the father's destroyed credibility, as shown by his lies about other serious matters. The judge's approach to weighing the evidence as a whole, including adverse credibility findings, was legally permissible and justified the findings of sexual abuse.

Court Disposition

Application for permission to appeal refused

Orders

  • Permission to appeal refused
  • Application dismissed