B-M (Children: Findings of Fact) [2021] EWCA Civ 1371 (20 September 2021)

B-M (Children: Findings of Fact) [2021] EWCA Civ 1371 (20 September 2021)

The trial judge's findings of fact regarding sexual and physical abuse were justified based on a balanced assessment of evidence, including but not unduly relying on demeanour; inconsistencies were properly addressed; prior findings were appropriately referenced; and submissions were adequately considered. No error of law or procedure was established.

Citation
[2021] EWCA Civ 1371
Parties
Appellant: Mother (M); Appellant: Father 2 (F2); Respondent: Local Authority; Respondent: Father 1 (F1); Respondent: Children (by Children's Guardian)
Jurisdiction
England and Wales
Judgment Date
20 September 2021
Procedural Posture
Appeal From Family Court Findings of Fact / Court of Appeal Judgment
Outcome
Appeals dismissed
Legal Topics
Findings of Fact, Sexual Abuse, Physical Abuse, Emotional Harm, Credibility Assessment, Appeal Procedure
Family Law Child Protection Findings of Fact Sexual Abuse Physical Abuse Emotional Harm Credibility Assessment Appeal Procedure

Case Brief

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Parties

Mother (M)

Appellant

Father 2 (F2)

Appellant

Local Authority

Respondent

Father 1 (F1)

Respondent

Children (by Children's Guardian)

Respondent

Procedural Posture

Appeal From Family Court Findings of Fact / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the trial judge erred in assessing the credibility of child witnesses
  2. 2 Whether findings of fact regarding sexual and physical abuse were justified
  3. 3 Whether the judge improperly relied on demeanour

Ratio Decidendi

The trial judge's findings of fact regarding sexual and physical abuse were justified based on a balanced assessment of evidence, including but not unduly relying on demeanour; inconsistencies were properly addressed; prior findings were appropriately referenced; and submissions were adequately considered. No error of law or procedure was established.

Court Disposition

Appeals dismissed

Orders

  • Findings of fact by Her Honour Judge Sapnara upheld
  • No further orders regarding reopening prior findings