W-C-T (Children)

W-C-T (Children)

The trial judge's findings on the credibility of the child's statements and the assessment of the adult witnesses were open to her on the evidence, and her approach did not reverse the burden of proof or fail to engage with the relevant issues; the appeal is dismissed.

Parties
Appellant: Father; First Respondent (local Authority): Coventry City Council; Second Respondent: Mother; Third Respondent: Mr R
Jurisdiction
England and Wales
Judgment Date
04 April 2019
Procedural Posture
Appeal (family/child Protection) / Appeal From Fact Finding Judgment in Care Proceedings
Outcome
Appeal dismissed
Legal Topics
Fact Finding in Care Proceedings, Sexual Abuse Allegations, Burden and Standard of Proof, Assessment of Witness Credibility, Appeals on Findings of Fact
Family Law Child Protection Fact Finding in Care Proceedings Sexual Abuse Allegations Burden and Standard of Proof Assessment of Witness Credibility Appeals on Findings of Fact

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Parties

Father

Appellant

Coventry City Council

First Respondent (local Authority)

Mother

Second Respondent

Mr R

Third Respondent

Procedural Posture

Appeal (family/child Protection) / Appeal From Fact Finding Judgment in Care Proceedings

Legal Issues

  1. 1 Whether the trial judge erred in her treatment of the child's statements and the evidence of the adults
  2. 2 Whether the judge failed to engage with the appellant's submissions and reversed the burden of proof
  3. 3 Whether the judge gave adequate consideration to deficiencies in the investigation and ABE interview

Ratio Decidendi

The trial judge's findings on the credibility of the child's statements and the assessment of the adult witnesses were open to her on the evidence, and her approach did not reverse the burden of proof or fail to engage with the relevant issues; the appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; findings of fact by the Family Court stand.