G-P (A Child) [2019] EWCA Civ 56 (31 January 2019)

G-P (A Child) [2019] EWCA Civ 56 (31 January 2019)

The appeal was dismissed because the trial judge's findings of fact were fully justified by the compelling expert medical evidence, contemporaneous accounts, and careful assessment of witness credibility. The judge's reasoning was thorough, her application of legal principles was correct, and there was no error in her approach to the evidence or in excluding the parents from the pool of perpetrators for the physical injuries. The grounds of appeal were without substance.

Citation
[2019] EWCA Civ 56
Parties
Subject: G-P (A Child); Appellant Intervenor: Ms R; Respondent Local Authority: Stockton on Tees Borough Council; Respondent: Mother; Respondent: Father
Jurisdiction
England and Wales
Judgment Date
31 January 2019
Procedural Posture
Appeal (family Law, Children Act 1989) / Court of Appeal Judgment on Appeal From Family Court Fact Finding
Outcome
Appeal dismissed
Legal Topics
Fact Finding Hearing, Physical Abuse, Emotional Harm, Neglect, Fabricated or Induced Illness (fid), Expert Medical Evidence, Appeal Against Findings of Fact
Family Law Child Protection Fact Finding Hearing Physical Abuse Emotional Harm Neglect Fabricated or Induced Illness (fid) Expert Medical Evidence +1 more

Case Brief

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Parties

G-P (A Child)

Subject

Ms R

Appellant Intervenor

Stockton on Tees Borough Council

Respondent Local Authority

Mother

Respondent

Father

Respondent

Procedural Posture

Appeal (family Law, Children Act 1989) / Court of Appeal Judgment on Appeal From Family Court Fact Finding

Legal Issues

  1. 1 Whether the Family Court judge erred in finding Ms R responsible for inflicting head injuries and other harm to the child
  2. 2 Whether the judge failed to properly consider the relevance of the parents' conduct and credibility to the identity of the perpetrator
  3. 3 Whether the judge failed to sufficiently analyse and explain the rationale for departing from the local authority's submissions

Ratio Decidendi

The appeal was dismissed because the trial judge's findings of fact were fully justified by the compelling expert medical evidence, contemporaneous accounts, and careful assessment of witness credibility. The judge's reasoning was thorough, her application of legal principles was correct, and there was no error in her approach to the evidence or in excluding the parents from the pool of perpetrators for the physical injuries. The grounds of appeal were without substance.

Court Disposition

Appeal dismissed

Orders

  • The Appellant's appeal is dismissed.
  • No order for costs save for a public funding assessment of the costs of the Appellant, 2nd, 3rd and 4th Respondents.