CTD (A Child: Rehearing)

CTD (A Child: Rehearing)

The judge at rehearing did not misdirect himself in law or substance; he considered all evidence afresh, did not privilege previous findings, and correctly allocated the burden of proof. The appeal is dismissed as the findings withstand challenge.

Parties
Appellant/intervener: AO; Respondent: F (Father); Respondent: M (Mother); Respondent: Walsall MBC (Local Authority); Respondent: Children by their Children’s Guardian
Jurisdiction
England and Wales
Judgment Date
14 October 2020
Procedural Posture
Appeal / Judgment on Appeal From Rehearing of Care Proceedings
Outcome
appeal dismissed
Legal Topics
Rehearing of Findings of Fact, Burden of Proof, Care Proceedings, Child Abuse, Pool Findings
Family Law Child Protection Rehearing of Findings of Fact Burden of Proof Care Proceedings Child Abuse Pool Findings

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Parties

AO

Appellant/intervener

F (Father)

Respondent

M (Mother)

Respondent

Walsall MBC (Local Authority)

Respondent

Children by their Children’s Guardian

Respondent

Procedural Posture

Appeal / Judgment on Appeal From Rehearing of Care Proceedings

Legal Issues

  1. 1 Whether the judge at rehearing applied the correct legal standard to revisiting findings of fact
  2. 2 Whether the burden of proof was correctly allocated
  3. 3 Whether the evidence justified amending findings regarding responsibility for injuries to the child

Ratio Decidendi

The judge at rehearing did not misdirect himself in law or substance; he considered all evidence afresh, did not privilege previous findings, and correctly allocated the burden of proof. The appeal is dismissed as the findings withstand challenge.

Court Disposition

appeal dismissed