W-C-T (Children) [2019] EWCA Civ 845 (04 April 2019)

W-C-T (Children) [2019] EWCA Civ 845 (04 April 2019)

The trial judge was entitled to find, on the balance of probabilities, that the child's statements were credible and not contaminated by coaching or investigative shortcomings. The judge's assessment of credibility and findings of fact were open to her and not undermined by errors in the process or analysis.

Source-derived case information.

Citation
[2019] EWCA Civ 845
Parties
Appellant: Father; First Respondent: Coventry City Council; Second Respondent: Mother; Third Respondent: Mr R
Jurisdiction
England and Wales
Judgment Date
04 April 2019
Procedural Posture
Appeal (family Law Care Proceedings) / Appeal From Fact Finding Judgment in Family Court
Outcome
Appeal dismissed
Legal Topics
Care Proceedings, Fact Finding Hearings, Sexual Abuse Allegations, Burden of Proof, Credibility Assessment, Appeals Procedure
Family Law Child Protection Care Proceedings Fact Finding Hearings Sexual Abuse Allegations Burden of Proof Credibility Assessment Appeals Procedure

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Parties

Father

Appellant

Coventry City Council

First Respondent

Mother

Second Respondent

Mr R

Third Respondent

Procedural Posture

Appeal (family Law Care Proceedings) / Appeal From Fact Finding Judgment in Family Court

Legal Issues

  1. 1 Whether the trial judge erred in her treatment of the child's statements and adult evidence
  2. 2 Whether the judge reversed the burden of proof
  3. 3 Whether the judge failed to engage with the difficulties and inconsistencies in the evidence

Ratio Decidendi

The trial judge was entitled to find, on the balance of probabilities, that the child's statements were credible and not contaminated by coaching or investigative shortcomings. The judge's assessment of credibility and findings of fact were open to her and not undermined by errors in the process or analysis.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; fact-finding judgment of Family Court upheld