M (Children: Findings of Fact) [2024] EWCA Civ 1290 (29 October 2024)

M (Children: Findings of Fact) [2024] EWCA Civ 1290 (29 October 2024)

The trial judge was entitled to make the findings of fact based on the totality of the evidence, including the children's ABE interviews, medical expert opinion, and the lack of any plausible alternative explanation for the injuries. The judge did not err in law or principle, did not reverse the burden of proof, and gave appropriate weight to all evidence. The appeal is dismissed.

Citation
[2024] EWCA Civ 1290
Parties
Appellant: Father; Respondent Local Authority: Vale of Glamorgan Council; Respondent Children: Children (by their Children's Guardian); Respondent Mother: Mother
Jurisdiction
England and Wales
Judgment Date
29 October 2024
Procedural Posture
Appeal (family Law Care Proceedings) / Appeal From Findings of Fact and Care Order in the Family Court
Outcome
Appeal dismissed
Legal Topics
Care Proceedings, Findings of Fact, Sexual Abuse Allegations, Physical Abuse Allegations, Threshold Criteria, Appeal Procedure
Family Law Child Protection Care Proceedings Findings of Fact Sexual Abuse Allegations Physical Abuse Allegations Threshold Criteria Appeal Procedure

Case Brief

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Parties

Father

Appellant

Vale of Glamorgan Council

Respondent Local Authority

Children (by their Children's Guardian)

Respondent Children

Mother

Respondent Mother

Procedural Posture

Appeal (family Law Care Proceedings) / Appeal From Findings of Fact and Care Order in the Family Court

Legal Issues

  1. 1 Whether the judge erred in finding the father sexually abused C by causing a genital injury
  2. 2 Whether the judge erred in finding the father physically abused B by slapping her bottom and genital area
  3. 3 Whether the findings were inconsistent with medical evidence and supervision evidence

Ratio Decidendi

The trial judge was entitled to make the findings of fact based on the totality of the evidence, including the children's ABE interviews, medical expert opinion, and the lack of any plausible alternative explanation for the injuries. The judge did not err in law or principle, did not reverse the burden of proof, and gave appropriate weight to all evidence. The appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • Family Court to amend the order to remove reference to 'biting' in relation to C's injury under the slip rule
  • Care order and findings of fact upheld