S (Children)

S (Children)

The judge at first instance correctly applied the burden of proof, considered all relevant evidence including parental mental health, and reached findings that were open to him on the evidence. No error of law or fact was demonstrated.

Parties
Applicant: Father; Supporting Party: Mother; Respondent: Local Authority; Interested Party: Children's Guardian
Jurisdiction
England and Wales
Judgment Date
07 November 2014
Procedural Posture
Appeal / Application for Permission to Appeal and Appeal
Outcome
appeal dismissed
Legal Topics
Non Accidental Injury, Burden of Proof, Fresh Evidence, Judicial Fact Finding
Family Law Child Protection Non Accidental Injury Burden of Proof Fresh Evidence Judicial Fact Finding

Case Brief

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Parties

Father

Applicant

Mother

Supporting Party

Local Authority

Respondent

Children's Guardian

Interested Party

Procedural Posture

Appeal / Application for Permission to Appeal and Appeal

Legal Issues

  1. 1 Whether the judge applied the correct burden of proof
  2. 2 Whether the judge adequately considered the inherent improbability of parental non accidental injury
  3. 3 Whether the judge gave proper regard to persuasive authority

Ratio Decidendi

The judge at first instance correctly applied the burden of proof, considered all relevant evidence including parental mental health, and reached findings that were open to him on the evidence. No error of law or fact was demonstrated.

Court Disposition

appeal dismissed

Orders

  • application to admit fresh evidence dismissed
  • permission to appeal refused