A, B & C (Fact-Finding: Gonorrhoea)

A, B & C (Fact-Finding: Gonorrhoea)

The appeal was allowed because the judge failed to ensure procedural fairness by making a finding of joint perpetration (that A was infected by Y alone or by Y and the mother together) which was not pleaded, put to the parties, or supported by the evidence, and failed to consider the totality of the evidence, including the possibility that the presence of gonorrhoea was not determinative of sexual abuse. The fact-finding hearing must be reheard before a different judge.

Parties
Child: A; Child: B; Child: C; Appellant: Mother (Second Appellant); Appellant: Y (First Appellant); Respondent: X (Second Respondent); First Respondent: Local Authority
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Care Proceedings (family) / Appeal From Fact Finding Judgment
Outcome
Appeal allowed; fact-finding judgment set aside; case remitted for rehearing before a different judge.
Legal Topics
Care Proceedings, Fact Finding Hearings, Procedural Fairness, Attribution of Harm, Pool of Perpetrators, Sexual Abuse Allegations
Family Law Child Protection Care Proceedings Fact Finding Hearings Procedural Fairness Attribution of Harm Pool of Perpetrators Sexual Abuse Allegations

Case Brief

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Parties

A

Child

B

Child

C

Child

Mother (Second Appellant)

Appellant

Y (First Appellant)

Appellant

X (Second Respondent)

Respondent

Local Authority

First Respondent

Procedural Posture

Care Proceedings (family) / Appeal From Fact Finding Judgment

Legal Issues

  1. 1 Whether the fact-finding judge erred in attributing sexual harm to the child A and in identifying the pool of perpetrators without procedural fairness
  2. 2 Whether the judge failed to consider the totality of the evidence, including medical and circumstantial evidence, and misapplied the burden of proof
  3. 3 Whether the judge's finding of joint perpetration was procedurally unfair as it was not pleaded or put to the parties

Ratio Decidendi

The appeal was allowed because the judge failed to ensure procedural fairness by making a finding of joint perpetration (that A was infected by Y alone or by Y and the mother together) which was not pleaded, put to the parties, or supported by the evidence, and failed to consider the totality of the evidence, including the possibility that the presence of gonorrhoea was not determinative of sexual abuse. The fact-finding hearing must be reheard before a different judge.

Court Disposition

Appeal allowed; fact-finding judgment set aside; case remitted for rehearing before a different judge.

Orders

  • Fact-finding hearing to be reheard before a different judge to be allocated by the Family Division Liaison Judge.
  • All findings sought by the local authority to be reconsidered.