Re W-A (Children: Foreign Conviction)

Re W-A (Children: Foreign Conviction)

The rule in Hollington v Hewthorn does not apply in family proceedings because it is incompatible with their welfare-based and protective character. Foreign convictions are admissible as evidence with presumptive weight, subject to rebuttal, and the court will consider all evidence when determining suitability to...

Source-derived case information.

Parties
Appellant: MH; Respondent: Local Authority; Respondent: Mother; Respondent: Children (through Children’s Guardian)
Jurisdiction
England and Wales
Judgment Date
05 August 2022
Procedural Posture
Care Proceedings / Appeal From High Court Ruling on Admissibility of Foreign Conviction
Outcome
appeal dismissed
Legal Topics
Admissibility of Foreign Convictions, Evidence, Children Act 1989, Welfare of Children
Family Law Child Protection Admissibility of Foreign Convictions Evidence Children Act 1989 Welfare of Children

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Parties

MH

Appellant

Local Authority

Respondent

Mother

Respondent

Children (through Children’s Guardian)

Respondent

Procedural Posture

Care Proceedings / Appeal From High Court Ruling on Admissibility of Foreign Conviction

Legal Issues

  1. 1 Whether a foreign conviction is admissible in family proceedings as evidence with presumptive weight
  2. 2 Whether Hollington v Hewthorn applies to family proceedings
  3. 3 Burden of proof regarding underlying facts of foreign conviction

Ratio Decidendi

The rule in Hollington v Hewthorn does not apply in family proceedings because it is incompatible with their welfare-based and protective character. Foreign convictions are admissible as evidence with presumptive weight, subject to rebuttal, and the court will consider all evidence when determining suitability to care for children.

Court Disposition

appeal dismissed

Orders

  • Spanish conviction is admissible in care proceedings as evidence with presumptive weight
  • MH may rebut the presumption on balance of probability