S (Children: Findings of Fact), Re

S (Children: Findings of Fact), Re

The judge failed to conduct an effective rehearing of the 2020 injuries, did not properly take into account the implications of findings against the parents when considering other allegations, and misapplied the law on propensity and hindsight bias. The findings were set aside and the matter remitted for rehearing.

Parties
Appellant: Local Authority; Respondent: Mother; Respondent: Father; Respondent: Children (by their Children’s Guardian)
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Appeal (care Proceedings) / Appeal Judgment
Outcome
Appeal allowed; findings set aside; case remitted for rehearing
Legal Topics
Care Proceedings, Fact Finding, Rehearing, Significant Harm, Propensity Evidence, Hindsight Bias
Family Law Child Protection Care Proceedings Fact Finding Rehearing Significant Harm Propensity Evidence Hindsight Bias

Case Brief

Summary, issues, holding and outcome

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Parties

Local Authority

Appellant

Mother

Respondent

Father

Respondent

Children (by their Children’s Guardian)

Respondent

Procedural Posture

Appeal (care Proceedings) / Appeal Judgment

Legal Issues

  1. 1 Whether the judge erred in his fact-finding regarding causation of injuries to a child
  2. 2 Whether the judge failed to properly consider the implications of findings against the parents when assessing other allegations
  3. 3 Whether the judge misapplied the law on propensity and hindsight bias

Ratio Decidendi

The judge failed to conduct an effective rehearing of the 2020 injuries, did not properly take into account the implications of findings against the parents when considering other allegations, and misapplied the law on propensity and hindsight bias. The findings were set aside and the matter remitted for rehearing.

Court Disposition

Appeal allowed; findings set aside; case remitted for rehearing

Orders

  • All findings of the judge are set aside
  • Case remitted to the Family Division Liaison Judge for case management directions for rehearing