D (Children)

D (Children)

The evidence did not have the cogency to justify findings that the father had sexual intercourse or oral sex with any of his children. The judge failed to make findings on each specific allegation as required, and her reasoning was inconsistent and inadequately supported. The appeal was allowed, the findings of...

Source-derived case information.

Parties
Appellant: D (Father); Respondent: Kirklees Metropolitan District Council
Jurisdiction
England and Wales
Judgment Date
06 July 2005
Procedural Posture
Care and Adoption Proceedings / Appeal From Leeds County Court Judgment
Outcome
Appeal allowed
Legal Topics
Care Orders, Adoption, Sexual Abuse Allegations, Contact With Children, Threshold Criteria Under Children Act 1989
Family Law Child Protection Care Orders Adoption Sexual Abuse Allegations Contact With Children Threshold Criteria Under Children Act 1989

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Parties

D (Father)

Appellant

Kirklees Metropolitan District Council

Respondent

Procedural Posture

Care and Adoption Proceedings / Appeal From Leeds County Court Judgment

Legal Issues

  1. 1 Whether findings of direct sexual abuse by the father against his children were justified
  2. 2 Whether the care order and contact arrangements were appropriate given the findings
  3. 3 Whether the judge erred in her assessment of the evidence and findings of fact

Ratio Decidendi

The evidence did not have the cogency to justify findings that the father had sexual intercourse or oral sex with any of his children. The judge failed to make findings on each specific allegation as required, and her reasoning was inconsistent and inadequately supported. The appeal was allowed, the findings of direct sexual abuse by the father were set aside, and the issue of contact was remitted to the trial judge for reconsideration.

Court Disposition

Appeal allowed

Orders

  • Findings of direct sexual abuse by the father set aside
  • Issue of contact remitted to trial judge for reconsideration