R (A Child), Re

R (A Child), Re

The Recorder erred in concluding that the father's right to a fair trial was prejudiced by the absence of the mother's evidence and in refusing to reopen the case when the mother became available; fairness is an objective standard and the case should be remitted for further evidence.

Parties
Appellant Child: R (A Child); Respondent: Mother; Respondent Local Authority: Leeds City Council; Respondent: Father
Jurisdiction
England and Wales
Judgment Date
27 November 2012
Procedural Posture
Family Proceedings / Appeal From Leeds Family Proceedings Court
Outcome
Appeal allowed; case remitted to Recorder
Legal Topics
Sexual Abuse Allegations, Fair Trial Rights, Evidence Admissibility
Family Law Child Protection Sexual Abuse Allegations Fair Trial Rights Evidence Admissibility

Case Brief

Summary, issues, holding and outcome

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Parties

R (A Child)

Appellant Child

Mother

Respondent

Leeds City Council

Respondent Local Authority

Father

Respondent

Procedural Posture

Family Proceedings / Appeal From Leeds Family Proceedings Court

Legal Issues

  1. 1 Whether the father's right to a fair trial was prejudiced by the absence of the mother's evidence
  2. 2 Whether sexual abuse findings could be made against the father without the mother's testimony

Ratio Decidendi

The Recorder erred in concluding that the father's right to a fair trial was prejudiced by the absence of the mother's evidence and in refusing to reopen the case when the mother became available; fairness is an objective standard and the case should be remitted for further evidence.

Court Disposition

Appeal allowed; case remitted to Recorder

Orders

  • Case remitted to Recorder to resume trial process
  • Recorder to hear evidence of the mother and decide what other evidence is necessary