J-L (Children)

The judge's finding that the children were exposed to explicit sexual conduct involving sexual acts between young persons and/or adults was not supported by the available evidence and went beyond what the evidence could justify. The appeal was allowed and the offending words were struck out.

Parties: Appellant: Mother; First Respondent: Blackburn & Darwen Borough Council; Second Respondent: Father (Mr L); Third Respondent: Third Respondent; Fourth Respondent: Fourth Respondent; Fifth Respondent: Fifth Respondent
Jurisdiction: England and Wales
Judgment Date: 29 November 2012
Procedural Posture: Appeal (care Proceedings) / Appeal Against Fact Finding Judgment
Outcome: Appeal allowed
Legal Topics: Care Proceedings, Fact Finding Hearings, Appeals, Threshold Criteria Under Section 31 Children Act

Family Law Child Protection Care Proceedings Fact Finding Hearings Appeals Threshold Criteria Under Section 31 Children Act

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Parties

Mother

Appellant

Blackburn & Darwen Borough Council

First Respondent

Father (Mr L)

Second Respondent

Third Respondent

Fourth Respondent

Fifth Respondent

Procedural Posture

Appeal (care Proceedings) / Appeal Against Fact Finding Judgment

Legal Issues

1 Whether the trial judge erred in finding that the children were exposed to explicit sexual conduct involving sexual acts between young persons and/or adults while in the mother's care

Ratio Decidendi

Court Disposition

Appeal allowed

Orders

The words 'including explicit sexual conduct involving the commission of sexual acts between young persons and/or adults' are struck out from the trial judge's findings.
The case is remitted to HHJ Rawkins in the Blackburn County Court for continuation.