H-W (Care Proceedings: Further Fact-Finding Hearing) [2023] EWCA Civ 149 (21 February 2023)

H-W (Care Proceedings: Further Fact-Finding Hearing) [2023] EWCA Civ 149 (21 February 2023)

The judge erred by failing to apply the correct legal principles, taking into account irrelevant matters (historic nature, absence of medical evidence, background allegations), and not considering all relevant evidence (ABE interview). The necessity and relevance of the investigation to the children's future care...

Source-derived case information.

Citation
[2023] EWCA Civ 149
Parties
Appellant: Local Authority; First Respondent: Mother; Fourth Respondent: F3 (Mother's partner); Children's Representative: Children, by their Guardian; Second Respondent: F1; Third Respondent: F2
Jurisdiction
England and Wales
Judgment Date
21 February 2023
Procedural Posture
Care Proceedings (children Act 1989) / Appeal Against Refusal to Order Further Fact Finding Hearing
Outcome
Appeal allowed
Legal Topics
Care Proceedings, Fact Finding Hearings, Case Management, Threshold Criteria, Proportionality, Delay in Proceedings
Family Law Child Protection Care Proceedings Fact Finding Hearings Case Management Threshold Criteria Proportionality Delay in Proceedings

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Parties

Local Authority

Appellant

Mother

First Respondent

F3 (Mother's partner)

Fourth Respondent

Children, by their Guardian

Children's Representative

F1

Second Respondent

F2

Third Respondent

Procedural Posture

Care Proceedings (children Act 1989) / Appeal Against Refusal to Order Further Fact Finding Hearing

Legal Issues

  1. 1 Whether the judge erred in refusing a further fact-finding hearing regarding allegations of sexual abuse against F3
  2. 2 Appropriate application of legal principles for deciding to hold fact-finding hearings
  3. 3 Impact of further allegations on care plans for subject children

Ratio Decidendi

The judge erred by failing to apply the correct legal principles, taking into account irrelevant matters (historic nature, absence of medical evidence, background allegations), and not considering all relevant evidence (ABE interview). The necessity and relevance of the investigation to the children's future care plans were paramount, and the refusal to order a further fact-finding hearing was outside the ambit of discretion and plainly wrong.

Court Disposition

Appeal allowed

Orders

  • Further fact-finding hearing of Y's allegations against F3 ordered
  • Proceedings remitted to Newton J for directions as to allocation and further progress