H, Re (Children: Findings of Fact)

H, Re (Children: Findings of Fact)

The trial judge was entitled to find the 2019 sexual abuse allegations proved based on her careful assessment of the ABE interviews, the consistency and detail of the children's accounts, and the lack of credible rebuttal from the parents. The judge's approach to the 2017 allegations and her reasons for distinguishing them from the 2019 allegations were adequately explained. The appellate court found no material error or failure to consider relevant evidence justifying interference with the factual findings.

Parties
Appellant Father: X; Respondent: Local Authority; Respondent Mother: Y; Respondent: Guardian
Jurisdiction
England and Wales
Judgment Date
05 March 2021
Procedural Posture
Appeal (family/care Proceedings) / Judgment on Appeal From Fact Finding in Care Proceedings
Outcome
Appeal dismissed
Legal Topics
Care Proceedings, Fact Finding Hearings, Sexual Abuse Allegations, Domestic Violence, Appellate Review of Factual Findings
Family Law Child Protection Care Proceedings Fact Finding Hearings Sexual Abuse Allegations Domestic Violence Appellate Review of Factual Findings

Case Brief

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Parties

X

Appellant Father

Local Authority

Respondent

Y

Respondent Mother

Guardian

Respondent

Procedural Posture

Appeal (family/care Proceedings) / Judgment on Appeal From Fact Finding in Care Proceedings

Legal Issues

  1. 1 Whether the trial judge erred in finding sexual abuse allegations against the father proved
  2. 2 Whether the judge failed to give proper weight to evidence undermining the children's allegations
  3. 3 Whether the judge's findings on credibility and consistency of the children's evidence were justified

Ratio Decidendi

The trial judge was entitled to find the 2019 sexual abuse allegations proved based on her careful assessment of the ABE interviews, the consistency and detail of the children's accounts, and the lack of credible rebuttal from the parents. The judge's approach to the 2017 allegations and her reasons for distinguishing them from the 2019 allegations were adequately explained. The appellate court found no material error or failure to consider relevant evidence justifying interference with the factual findings.

Court Disposition

Appeal dismissed

Orders

  • Findings of sexual abuse by the father against D and R in 2019 upheld
  • Findings of domestic abuse by the father upheld