B (Children : Uncertain Perpetrator) (Rev 1)

B (Children : Uncertain Perpetrator) (Rev 1)

The Judge wrongly placed the burden on the father to exclude himself from the pool of perpetrators, failed to require the local authority to make out a positive case, inadequately assessed the evidence, and did not address evidential gaps or credibility. The threshold finding was flawed and must be set aside; the matter is remitted for rehearing.

Parties
Appellant: Father; Respondent Local Authority: London Borough of Islington; Respondent: Mother; Respondent: Children (through Guardian)
Jurisdiction
England and Wales
Judgment Date
04 April 2019
Procedural Posture
Care Proceedings / Appeal From Central Family Court Decision
Outcome
Appeal allowed; threshold finding set aside; matter remitted for rehearing.
Legal Topics
Care Orders, Threshold Conditions, Identification of Perpetrator, Burden of Proof, Pool of Perpetrators
Family Law Child Protection Care Orders Threshold Conditions Identification of Perpetrator Burden of Proof Pool of Perpetrators

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Parties

Father

Appellant

London Borough of Islington

Respondent Local Authority

Mother

Respondent

Children (through Guardian)

Respondent

Procedural Posture

Care Proceedings / Appeal From Central Family Court Decision

Legal Issues

  1. 1 Proper approach to identification of perpetrator in child harm cases
  2. 2 Application of pool of perpetrators concept
  3. 3 Burden and standard of proof in care proceedings

Ratio Decidendi

The Judge wrongly placed the burden on the father to exclude himself from the pool of perpetrators, failed to require the local authority to make out a positive case, inadequately assessed the evidence, and did not address evidential gaps or credibility. The threshold finding was flawed and must be set aside; the matter is remitted for rehearing.

Court Disposition

Appeal allowed; threshold finding set aside; matter remitted for rehearing.

Orders

  • Immediate case management hearing to be listed before Family Division Liaison Judge.
  • All options remain open at rehearing.