E (Children: Reopening Findings of Fact) [2019] EWCA Civ 1447 (14 August 2019)

E (Children: Reopening Findings of Fact) [2019] EWCA Civ 1447 (14 August 2019)

The family court has jurisdiction under s.31F(6) Matrimonial and Family Proceedings Act 1984 to review and, if appropriate, reopen findings of fact in children cases on the basis of further evidence, even after proceedings have concluded. An application to the trial court is generally the more appropriate route than an appeal, unless the challenge is to an error by the trial judge. The Ladd v Marshall criteria apply to the admission of fresh evidence, but with flexibility in children cases to ensure welfare decisions are based on sound findings.

Citation
[2019] EWCA Civ 1447
Parties
Appellant: Mother; Respondent Local Authority: Torfaen County Borough Council; Respondent Father: Father; Respondent Children: Children (through their Guardian)
Jurisdiction
England and Wales
Judgment Date
14 August 2019
Procedural Posture
Appeal (family Law Care Proceedings) / Appeal From Newport (gwent) County Court and Family Court to Court of Appeal
Outcome
Appeal dismissed; matter referred to trial judge for reconsideration of findings of fact in light of new evidence.
Legal Topics
Reopening Findings of Fact, Fresh Evidence in Family Proceedings, Care Orders, Jurisdiction to Review Findings, Procedural Routes for Challenging Findings
Family Law Child Protection Reopening Findings of Fact Fresh Evidence in Family Proceedings Care Orders Jurisdiction to Review Findings Procedural Routes for Challenging Findings

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Parties

Mother

Appellant

Torfaen County Borough Council

Respondent Local Authority

Father

Respondent Father

Children (through their Guardian)

Respondent Children

Procedural Posture

Appeal (family Law Care Proceedings) / Appeal From Newport (gwent) County Court and Family Court to Court of Appeal

Legal Issues

  1. 1 Whether findings of fact in family proceedings can be challenged on the basis of further evidence after an order is sealed
  2. 2 Whether the proper route is by appeal or application to the trial court
  3. 3 Whether the family court has jurisdiction to reopen findings of fact after proceedings have concluded

Ratio Decidendi

The family court has jurisdiction under s.31F(6) Matrimonial and Family Proceedings Act 1984 to review and, if appropriate, reopen findings of fact in children cases on the basis of further evidence, even after proceedings have concluded. An application to the trial court is generally the more appropriate route than an appeal, unless the challenge is to an error by the trial judge. The Ladd v Marshall criteria apply to the admission of fresh evidence, but with flexibility in children cases to ensure welfare decisions are based on sound findings.

Court Disposition

Appeal dismissed; matter referred to trial judge for reconsideration of findings of fact in light of new evidence.

Orders

  • Report of Mr Rayner admitted as evidence on appeal.
  • Mother treated as having made an application to the trial judge to reopen findings.