E (Children: Reopening Findings of Fact)

E (Children: Reopening Findings of Fact)

The family court has jurisdiction under s.31F(6) Matrimonial and Family Proceedings Act 1984 to reopen findings of fact after final orders, including on the basis of fresh evidence. In children cases, an application to the trial court is generally preferable to an appeal for considering new evidence, as the trial judge is better placed to assess its significance. The Ladd v Marshall criteria, applied with flexibility, govern the admission of further evidence, but the overriding consideration is whether there are solid grounds to believe the findings may be wrong and that justice and the child's welfare require reconsideration. The appeal was dismissed as the application to the trial court...

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/children) / Appeal From County Court Judgment; Application to Admit Fresh Evidence and Reopen Findings of Fact
Outcome
Appeal dismissed; application to reopen findings referred to trial judge
Legal Topics
Reopening Findings of Fact, Admission of Fresh Evidence, Care Orders, Procedural Powers of Family Court, Finality of Litigation Vs. Justice, Jurisdiction to Review Findings
Family Law Child Protection Reopening Findings of Fact Admission of Fresh Evidence Care Orders Procedural Powers of Family Court Finality of Litigation Vs. Justice Jurisdiction to Review 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/children) / Appeal From County Court Judgment; Application to Admit Fresh Evidence and Reopen Findings of Fact

Legal Issues

  1. 1 Whether the family court has jurisdiction to reopen findings of fact after final orders based on fresh evidence
  2. 2 Whether an application to the trial court or an appeal is the proper route for challenging findings based on new evidence
  3. 3 The correct procedural and substantive test for admitting further evidence and reopening findings in children cases

Ratio Decidendi

The family court has jurisdiction under s.31F(6) Matrimonial and Family Proceedings Act 1984 to reopen findings of fact after final orders, including on the basis of fresh evidence. In children cases, an application to the trial court is generally preferable to an appeal for considering new evidence, as the trial judge is better placed to assess its significance. The Ladd v Marshall criteria, applied with flexibility, govern the admission of further evidence, but the overriding consideration is whether there are solid grounds to believe the findings may be wrong and that justice and the child's welfare require reconsideration. The appeal was dismissed as the application to the trial court...

Court Disposition

Appeal dismissed; application to reopen findings referred to trial judge

Orders

  • Report of Mr Rayner admitted as further evidence
  • Matter listed for directions before HHJ Furness QC to consider whether and how findings of fact should be reopened