EY (Fact-finding hearing), Re

EY (Fact-finding hearing), Re

The judge erred in his treatment of the expert evidence by misunderstanding the scope of instructions, wrongly discounting the expert's findings, and failing to evaluate the totality of the facts found in the context of the expert's analysis. The appeal was allowed on these grounds and the matter remitted for retrial.

Parties
Appellant: Local Authority; First Respondent: E's Father; Second Respondent: E's Mother; Third Respondent: Children's Guardian (for E and S)
Jurisdiction
England and Wales
Judgment Date
11 November 2024
Procedural Posture
Appeal (care Proceedings) / Appeal Judgment From Family Court, Remitted for Retrial
Outcome
Appeal allowed; matter remitted for retrial
Legal Topics
Care Orders, Significant Harm Threshold, Expert Evidence, Procedural Fairness
Family Law Child Protection Care Orders Significant Harm Threshold Expert Evidence Procedural Fairness

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 17 Party arguments 2
Sign in to unlock

Parties

Local Authority

Appellant

E's Father

First Respondent

E's Mother

Second Respondent

Children's Guardian (for E and S)

Third Respondent

Procedural Posture

Appeal (care Proceedings) / Appeal Judgment From Family Court, Remitted for Retrial

Legal Issues

  1. 1 Whether the Family Court judge erred in dismissing the local authority's application for a care order by misapplying the threshold criteria under s.31(2) Children Act 1989
  2. 2 Whether the judge failed to properly evaluate expert evidence and the totality of the facts found
  3. 3 Whether the judge failed to consider the evidence as a whole regarding risk of significant harm

Ratio Decidendi

The judge erred in his treatment of the expert evidence by misunderstanding the scope of instructions, wrongly discounting the expert's findings, and failing to evaluate the totality of the facts found in the context of the expert's analysis. The appeal was allowed on these grounds and the matter remitted for retrial.

Court Disposition

Appeal allowed; matter remitted for retrial

Orders

  • Matter remitted to the Family Presiding Judge for reallocation to another circuit judge for case management and fact-finding hearing
  • Local authority to consider revision of threshold document and evidence to be adduced at retrial