W-P (Children)

W-P (Children)

The Court of Appeal found that the trial judge's findings, particularly the invention of a nappy-changing incident as the cause of bruising and scratch, were unsupported by evidence and amounted to speculation. The findings of fact were set aside and the matter remitted for rehearing before a different judge.

Source-derived case information.

Parties
Appellant: Coventry City Council; First Respondent: Mother; Second Respondent: Father of K; Third Respondent: Father of J; Fourth and Fifth Respondents: Children's Guardian
Jurisdiction
England and Wales
Judgment Date
19 February 2009
Procedural Posture
Appeal / Appeal From Findings of Fact in Care Proceedings
Outcome
Appeal allowed
Legal Topics
Care Proceedings, Fact Finding Hearings, Non Accidental Injury, Appeals Against Findings of Fact
Family Law Child Protection Care Proceedings Fact Finding Hearings Non Accidental Injury Appeals Against Findings of Fact

Source-derived case record

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Parties

Coventry City Council

Appellant

Mother

First Respondent

Father of K

Second Respondent

Father of J

Third Respondent

Children's Guardian

Fourth and Fifth Respondents

Procedural Posture

Appeal / Appeal From Findings of Fact in Care Proceedings

Legal Issues

  1. 1 Whether the trial judge's findings of fact regarding causation of injuries to child K were supported by the evidence
  2. 2 Whether the judge erred in inventing a nappy-changing incident as the cause of bruising and scratch
  3. 3 Whether the findings should be set aside and the matter remitted for rehearing

Ratio Decidendi

The Court of Appeal found that the trial judge's findings, particularly the invention of a nappy-changing incident as the cause of bruising and scratch, were unsupported by evidence and amounted to speculation. The findings of fact were set aside and the matter remitted for rehearing before a different judge.

Court Disposition

Appeal allowed

Orders

  • Findings of fact set aside
  • Matter remitted for rehearing before a different judge (preferably HHJ Bellamy) at Coventry County Court