In the Matter of A and B

In the Matter of A and B

District Judge Exton's findings were based on direct evidence, admissions, and her assessment of witness credibility; there was no procedural unfairness or error warranting appellate intervention; permission to appeal is refused.

Source-derived case information.

Parties
Appellant: Linda Fraser; Respondent: A Mother; Respondent: Bristol City Council
Jurisdiction
England and Wales
Judgment Date
11 July 2016
Procedural Posture
Appeal / Application for Permission to Appeal and Substantive Appeal
Outcome
permission to appeal refused
Legal Topics
Findings of Fact, Credibility of Witnesses, Professional Misconduct, Procedural Fairness, Appeals, Children Act 1989
Family Law Child Protection Professional Discipline Findings of Fact Credibility of Witnesses Professional Misconduct Procedural Fairness Appeals +1 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

Linda Fraser

Appellant

A Mother

Respondent

Bristol City Council

Respondent

Procedural Posture

Appeal / Application for Permission to Appeal and Substantive Appeal

Legal Issues

  1. 1 Whether District Judge Exton's findings against Linda Fraser were wrong or unjust due to procedural or other irregularity
  2. 2 Whether the judge failed to consider medical evidence affecting Fraser's recall and credibility
  3. 3 Whether the judge failed to engage with submissions and concessions made by Fraser

Ratio Decidendi

District Judge Exton's findings were based on direct evidence, admissions, and her assessment of witness credibility; there was no procedural unfairness or error warranting appellate intervention; permission to appeal is refused.

Court Disposition

permission to appeal refused

Orders

  • Publication of anonymised judgment identifying Fraser and local authority, stayed pending appeal process
  • Unredacted judgment to be placed on local authority files and disclosed to relevant agencies and HCPC