T (Fresh Evidence on Appeal), Re

T (Fresh Evidence on Appeal), Re

The fresh evidence (ASD diagnosis) was not credible or reliable due to procedural deficiencies and lack of compliance with expert evidence rules. Even if admitted, it would not have had an important influence on the outcome, as the most serious risks to the child were not linked to ASD. The appeal was refused as neither ground was made out.

Parties
Appellant: Father; First Respondent: Local Authority; Second Respondent: Mother; Third Respondent: Children's Guardian
Jurisdiction
England and Wales
Judgment Date
11 December 2024
Procedural Posture
Family Appeal / Application for Permission to Appeal With Request to Admit Fresh Evidence
Outcome
Permission to appeal refused; fresh evidence not admitted.
Legal Topics
Care Orders, Placement Orders, Fresh Evidence on Appeal, Autistic Spectrum Disorder, Procedural Irregularity
Family Law Child Welfare Care Orders Placement Orders Fresh Evidence on Appeal Autistic Spectrum Disorder Procedural Irregularity

Case Brief

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Parties

Father

Appellant

Local Authority

First Respondent

Mother

Second Respondent

Children's Guardian

Third Respondent

Procedural Posture

Family Appeal / Application for Permission to Appeal With Request to Admit Fresh Evidence

Legal Issues

  1. 1 Whether fresh evidence (ASD diagnosis) should be admitted on appeal
  2. 2 Whether procedural irregularity rendered the care and placement orders unjust
  3. 3 Whether the father’s ASD diagnosis would have influenced the outcome

Ratio Decidendi

The fresh evidence (ASD diagnosis) was not credible or reliable due to procedural deficiencies and lack of compliance with expert evidence rules. Even if admitted, it would not have had an important influence on the outcome, as the most serious risks to the child were not linked to ASD. The appeal was refused as neither ground was made out.

Court Disposition

Permission to appeal refused; fresh evidence not admitted.

Orders

  • Application to admit fresh evidence refused
  • Permission to appeal refused