P (A Child)

P (A Child)

The appeal was allowed because the trial judge failed to consider all relevant evidence, particularly regarding the mother's credibility, and did not provide adequate reasoning for preferring her evidence over the intervenor's. The judge's findings could not withstand scrutiny against the totality of the evidence, and the absence of a structured analysis undermined the findings.

Parties
Subject: P (A Child); Appellant's Advocate: Ann May; Respondent Mother's Advocate: Jane Hayford; Respondent Local Authority's Advocate: Christopher Poole; Children's Guardian (written Submissions): Shrutee Dutt
Jurisdiction
England and Wales
Judgment Date
30 July 2019
Procedural Posture
Appeal / Judgment on Appeal From Fact Finding in Care Proceedings
Outcome
appeal allowed; findings of fact set aside
Legal Topics
Care Proceedings, Fact Finding Hearings, Threshold Criteria, Credibility Assessment, Domestic Abuse, Rape Allegations, Controlling and Coercive Behaviour
Family Law Child Protection Care Proceedings Fact Finding Hearings Threshold Criteria Credibility Assessment Domestic Abuse Rape Allegations +1 more

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Parties

P (A Child)

Subject

Ann May

Appellant's Advocate

Jane Hayford

Respondent Mother's Advocate

Christopher Poole

Respondent Local Authority's Advocate

Shrutee Dutt

Children's Guardian (written Submissions)

Procedural Posture

Appeal / Judgment on Appeal From Fact Finding in Care Proceedings

Legal Issues

  1. 1 Whether the trial judge erred in making findings of fact against the intervenor regarding physical abuse, rape, and controlling behaviour
  2. 2 Whether the judge failed to properly assess the credibility of the mother in light of contradictory evidence
  3. 3 Whether a further fact-finding hearing was necessary

Ratio Decidendi

The appeal was allowed because the trial judge failed to consider all relevant evidence, particularly regarding the mother's credibility, and did not provide adequate reasoning for preferring her evidence over the intervenor's. The judge's findings could not withstand scrutiny against the totality of the evidence, and the absence of a structured analysis undermined the findings.

Court Disposition

appeal allowed; findings of fact set aside

Orders

  • Findings of fact against the intervenor set aside
  • No further fact-finding hearing necessary