M & L (Children) [2007] EWCA Civ 1307 (30 October 2007)

M & L (Children) [2007] EWCA Civ 1307 (30 October 2007)

The judge was entitled to find E's allegations proved by reference not only to her own apparent veracity but also to the father's destroyed credibility, as established by his lies and adverse findings in relation to other serious sexual violence. The judge's approach to weighing all the evidence, including...

Source-derived case information.

Citation
[2007] EWCA Civ 1307
Parties
Applicant: Father; Respondent Local Authority: East Riding of Yorkshire Council; Respondent Children: Children (M and L) by their Children's Guardian; Respondent Mother: Mother
Jurisdiction
England and Wales
Judgment Date
30 October 2007
Procedural Posture
Appeal (family Law Care Orders) / Application for Permission to Appeal (court of Appeal, Civil Division)
Outcome
Application for permission to appeal refused
Legal Topics
Care Orders, Sexual Abuse Allegations, Standard of Proof, Credibility Assessment
Family Law Child Protection Care Orders Sexual Abuse Allegations Standard of Proof Credibility Assessment

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Summary, issues, holding and outcome

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Parties

Father

Applicant

East Riding of Yorkshire Council

Respondent Local Authority

Children (M and L) by their Children's Guardian

Respondent Children

Mother

Respondent Mother

Procedural Posture

Appeal (family Law Care Orders) / Application for Permission to Appeal (court of Appeal, Civil Division)

Legal Issues

  1. 1 Whether the judge at first instance erred in finding allegations of sexual abuse by the father against E proved to the requisite standard of proof
  2. 2 Whether the judge's reasoning and reliance on credibility and collateral evidence was legally permissible

Ratio Decidendi

The judge was entitled to find E's allegations proved by reference not only to her own apparent veracity but also to the father's destroyed credibility, as established by his lies and adverse findings in relation to other serious sexual violence. The judge's approach to weighing all the evidence, including credibility, was legally permissible and justified the findings of abuse. The proposed appeal was not arguable.

Court Disposition

Application for permission to appeal refused

Orders

  • Permission to appeal refused
  • Application dismissed