Kent County Council v D & Ors (Application for Re-hearing)

Kent County Council v D & Ors (Application for Re-hearing)

Justice requires rehearing of findings against AK, JE, JC, LF due to new evidence from criminal proceedings undermining reliability of Z's evidence; no solid ground for rehearing findings against JS; threshold criteria and welfare decisions to be reconsidered at rehearing.

Parties
Applicant: Kent County Council; 1st Respondent (d Case): AK; 2nd Respondent (d Case): JD; 3rd Respondent (d Case): KD; 1st Respondent (e Case): JE; 2nd Respondent (e Case): JS; 3rd Respondent (e Case): VE; 4th Respondent (e Case): SE; 5th Respondent (e Case): LE; 1st Respondent (f Case): JC; 2nd Respondent (f Case): LF; 3rd Respondent (f Case): DF; 4th Respondent (f Case): JF
Jurisdiction
England and Wales
Judgment Date
29 April 2015
Procedural Posture
Care Proceedings / Post Fact Finding, Rehearing Application
Outcome
Rehearing granted for AK, JE, JC, LF; rehearing refused for JS.
Legal Topics
Care Orders, Threshold Criteria, Sexual Exploitation, Drug Abuse, Rehearing Applications, Evidence Reliability, Article 8 Rights, Injunctions
Family Law Child Protection Criminal Law Care Orders Threshold Criteria Sexual Exploitation Drug Abuse Rehearing Applications +3 more

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Parties

Kent County Council

Applicant

AK

1st Respondent (d Case)

JD

2nd Respondent (d Case)

KD

3rd Respondent (d Case)

JE

1st Respondent (e Case)

JS

2nd Respondent (e Case)

VE

3rd Respondent (e Case)

SE

4th Respondent (e Case)

LE

5th Respondent (e Case)

JC

1st Respondent (f Case)

LF

2nd Respondent (f Case)

DF

3rd Respondent (f Case)

JF

4th Respondent (f Case)

Procedural Posture

Care Proceedings / Post Fact Finding, Rehearing Application

Legal Issues

  1. 1 Whether new evidence justifies rehearing findings based on Z's evidence
  2. 2 Whether threshold criteria remain satisfied
  3. 3 Whether injunctions should be considered against respondents or third parties

Ratio Decidendi

Justice requires rehearing of findings against AK, JE, JC, LF due to new evidence from criminal proceedings undermining reliability of Z's evidence; no solid ground for rehearing findings against JS; threshold criteria and welfare decisions to be reconsidered at rehearing.

Court Disposition

Rehearing granted for AK, JE, JC, LF; rehearing refused for JS.

Orders

  • Fresh Re W application to consider Z giving oral evidence.
  • Further welfare assessment of Z directed.