D (Fact-finding appeal)

D (Fact-finding appeal)

The judge’s decision to limit the rehearing to perpetration, without reconsidering causation in light of new exculpatory evidence, was a material error. The judge failed to reassess the reliability of the child’s statements and the totality of the evidence after Y was exonerated. This compartmentalised approach rendered the findings unsafe and necessitated a full rehearing before a different judge.

Parties
Appellant: M; First Respondent: X Borough Council; Second Respondent: Y; Third Respondent: D’s Father; Fourth Respondent: D (by her children’s guardian)
Jurisdiction
England and Wales
Judgment Date
20 December 2019
Procedural Posture
Appeal (family/care Proceedings) / Appeal From Fact Finding Decision in Care Proceedings
Outcome
Appeal allowed; findings set aside; matter remitted for full rehearing before a different judge.
Legal Topics
Care Orders, Fact Finding Hearings, Child Sexual Abuse Allegations, Standard of Proof, Rehearing of Evidence
Family Law Child Protection Care Orders Fact Finding Hearings Child Sexual Abuse Allegations Standard of Proof Rehearing of Evidence

Case Brief

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Parties

M

Appellant

X Borough Council

First Respondent

Y

Second Respondent

D’s Father

Third Respondent

D (by her children’s guardian)

Fourth Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the trial judge erred by confining the rehearing to perpetration and not causation of injury
  2. 2 Whether the judge should have reopened the question of inflicted injury in light of new evidence exonerating Y
  3. 3 Whether the judge properly evaluated the reliability of the child’s statements and the totality of the evidence

Ratio Decidendi

The judge’s decision to limit the rehearing to perpetration, without reconsidering causation in light of new exculpatory evidence, was a material error. The judge failed to reassess the reliability of the child’s statements and the totality of the evidence after Y was exonerated. This compartmentalised approach rendered the findings unsafe and necessitated a full rehearing before a different judge.

Court Disposition

Appeal allowed; findings set aside; matter remitted for full rehearing before a different judge.

Orders

  • The appeal is allowed.
  • The findings of fact are set aside.