B (Children)

B (Children)

The appeal must be dismissed as the court is bound by established House of Lords and Court of Appeal authority; however, given the complexity and importance of the issues, permission to appeal to the House of Lords is granted.

Parties
Applicant: Applicant Father; Respondent: Respondent
Jurisdiction
England and Wales
Judgment Date
29 January 2008
Procedural Posture
Care Proceedings (children) / Appeal From Fact Finding and Directions Hearing; Application for Permission to Appeal to House of Lords
Outcome
Appeal dismissed; permission to appeal to the House of Lords granted.
Legal Topics
Care Proceedings, Fact Finding Hearings, Standard of Proof, Sexual Abuse Allegations, Instructions to Experts
Family Law Child Protection Care Proceedings Fact Finding Hearings Standard of Proof Sexual Abuse Allegations Instructions to Experts

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Parties

Applicant Father

Applicant

Respondent

Respondent

Procedural Posture

Care Proceedings (children) / Appeal From Fact Finding and Directions Hearing; Application for Permission to Appeal to House of Lords

Legal Issues

  1. 1 Whether the standard of proof was met regarding allegations of sexual abuse by Mr B against R
  2. 2 How experts should be instructed in light of unproven allegations
  3. 3 Whether the current legal principles require reconsideration

Ratio Decidendi

The appeal must be dismissed as the court is bound by established House of Lords and Court of Appeal authority; however, given the complexity and importance of the issues, permission to appeal to the House of Lords is granted.

Court Disposition

Appeal dismissed; permission to appeal to the House of Lords granted.

Orders

  • Appeal dismissed
  • Permission to appeal to the House of Lords granted