T (A Child), Re

The judge overstated the clarity of the medical evidence and failed to rigorously address the timing of the injury and the limitations of the expert testimony, leaving open the possibility that the injury could have been self-inflicted due to an itchy skin condition. The reasoning was insufficient to support the finding of sexual abuse on the balance of probabilities.

Parties: Appellant: Father; 1st Respondent: Mother; 2nd Respondent: J (child)
Jurisdiction: England and Wales
Judgment Date: 30 July 2015
Procedural Posture: Appeal / Judgment
Outcome: Appeal allowed; findings of fact set aside; matter remitted for fresh findings before another judge.
Legal Topics: Child Protection, Sexual Abuse Allegations, Expert Medical Evidence, Credibility Assessment

Family Law Child Protection Sexual Abuse Allegations Expert Medical Evidence Credibility Assessment

Case Brief

Summary, issues, holding and outcome

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Parties

Father

Appellant

Mother

1st Respondent

J (child)

2nd Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

1 Whether the factual finding of sexual abuse by the father was justified on the balance of probabilities
2 Adequacy of medical evidence regarding causation of injury
3 Credibility of lay and expert witnesses

Ratio Decidendi

Court Disposition

Appeal allowed; findings of fact set aside; matter remitted for fresh findings before another judge.

Orders

Directions hearing to be scheduled as soon as possible.