Re B (A child) (Fact-finding)

Re B (A child) (Fact-finding)

The judge's findings as to the perpetrator of B's injuries cannot stand due to flawed reasoning, failure to consider material evidence, compartmentalised assessment, and insufficient analysis; the process of elimination used was not supported by the totality of evidence.

Parties
Appellant: Mother; First Respondent: Local Authority; Second Respondent: Father; Third Respondent: Children's Guardian
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Appeal / Judgment on Appeal From Fact Finding in Care Proceedings
Outcome
Appeal allowed; judgment set aside; case remitted for rehearing by another circuit judge.
Legal Topics
Care Proceedings, Fact Finding, Physical Injury to Child, Appeal, Judicial Reasoning, Evidence Assessment
Family Law Child Protection Care Proceedings Fact Finding Physical Injury to Child Appeal Judicial Reasoning Evidence Assessment

Case Brief

Summary, issues, holding and outcome

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Parties

Mother

Appellant

Local Authority

First Respondent

Father

Second Respondent

Children's Guardian

Third Respondent

Procedural Posture

Appeal / Judgment on Appeal From Fact Finding in Care Proceedings

Legal Issues

  1. 1 Whether the judge's findings as to the perpetrator of injuries to B were sustainable
  2. 2 Whether the judge evaluated evidence holistically or compartmentally
  3. 3 Whether the judge failed to consider material evidence and expert opinion

Ratio Decidendi

The judge's findings as to the perpetrator of B's injuries cannot stand due to flawed reasoning, failure to consider material evidence, compartmentalised assessment, and insufficient analysis; the process of elimination used was not supported by the totality of evidence.

Court Disposition

Appeal allowed; judgment set aside; case remitted for rehearing by another circuit judge.

Orders

  • Rehearing of fact-finding hearing ordered
  • Case remitted to another circuit judge