P (A Child), Re [2018] EWCA Civ 720 (11 April 2018)

P (A Child), Re [2018] EWCA Civ 720 (11 April 2018)

The judge's oral determinations failed to specify findings, did not engage with significant evidence, and did not respond to requests for clarification, resulting in a fundamentally flawed process that cannot stand.

Citation
[2018] EWCA Civ 720
Parties
Subject: P (A child); 1st Appellant: Father; 2nd Appellant: Mother; 1st Respondent: Northamptonshire County Council; 2nd Respondent: Child (T)
Jurisdiction
England and Wales
Judgment Date
11 April 2018
Procedural Posture
Childcare Appeal / Appeal From High Court Family Division
Outcome
Appeal allowed; judge's findings of fact set aside.
Legal Topics
Care Orders, Fact Finding, Sexual Abuse Allegations, Judicial Reasoning, Children Act 1989
Family Law Child Protection Care Orders Fact Finding Sexual Abuse Allegations Judicial Reasoning Children Act 1989

Case Brief

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Parties

P (A child)

Subject

Father

1st Appellant

Mother

2nd Appellant

Northamptonshire County Council

1st Respondent

Child (T)

2nd Respondent

Procedural Posture

Childcare Appeal / Appeal From High Court Family Division

Legal Issues

  1. 1 Whether the judge's findings of fact regarding sexual abuse allegations were sufficiently clear and reasoned
  2. 2 Whether the judgment engaged adequately with the evidence and requests for clarification
  3. 3 Whether procedural fairness was maintained

Ratio Decidendi

The judge's oral determinations failed to specify findings, did not engage with significant evidence, and did not respond to requests for clarification, resulting in a fundamentally flawed process that cannot stand.

Court Disposition

Appeal allowed; judge's findings of fact set aside.

Orders

  • Judge's oral determinations set aside and to be disregarded in future dealings.
  • Care order for T remains in force based on separate threshold criteria.