J (Children: Reopening Findings of Fact) [2023] EWCA Civ 465 (28 April 2023)

J (Children: Reopening Findings of Fact) [2023] EWCA Civ 465 (28 April 2023)

The judge correctly applied the established legal test for reopening findings of fact in children's cases, weighing all relevant factors and exercising discretion to permit reopening in order to achieve a reliable factual matrix for welfare decisions. The restrictive approach in RL v Nottinghamshire CC is not applicable; the appeal is dismissed.

Citation
[2023] EWCA Civ 465
Parties
Appellant: F2; 1st Respondent: Local Authority; Child Party: A; Intervener: Children's Guardian; Mother: M; Father: F1
Jurisdiction
England and Wales
Judgment Date
28 April 2023
Procedural Posture
Appeal / Judgment on Appeal From Family Court
Outcome
appeal dismissed
Legal Topics
Reopening Findings of Fact, Care Proceedings, Child Protection, Finality in Litigation, Threshold Criteria
Family Law Child Welfare Reopening Findings of Fact Care Proceedings Child Protection Finality in Litigation Threshold Criteria

Case Brief

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Parties

F2

Appellant

Local Authority

1st Respondent

A

Child Party

Children's Guardian

Intervener

M

Mother

F1

Father

Procedural Posture

Appeal / Judgment on Appeal From Family Court

Legal Issues

  1. 1 Whether the Family Court should permit reopening of previous non-findings regarding sexual assault allegations against F2
  2. 2 Whether new evidence or information justifies revisiting prior findings
  3. 3 Appropriate legal test for reopening findings in children's cases

Ratio Decidendi

The judge correctly applied the established legal test for reopening findings of fact in children's cases, weighing all relevant factors and exercising discretion to permit reopening in order to achieve a reliable factual matrix for welfare decisions. The restrictive approach in RL v Nottinghamshire CC is not applicable; the appeal is dismissed.

Court Disposition

appeal dismissed

Orders

  • Permission to reopen previous non-findings regarding A's allegations is upheld
  • Substantial threshold hearing to proceed as ordered by the Family Court