E (A Child: Care Proceedings Fact Finding)

E (A Child: Care Proceedings Fact Finding)

The failure to disclose the viability assessments was a material irregularity but had no practical effect on the outcome. The credibility issues raised by the undisclosed documents related to historic matters not significant to the fact finding exercise. The judge's findings were based on contemporaneous evidence...

Source-derived case information.

Parties
Subject Child: E (A Child); Appellant: Mother; Respondent Local Authority: London Borough of Havering; Respondent: Father; Intervenor: Paternal Grandmother (PGM)
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Care Proceedings (fact Finding Appeal) / Appeal From Fact Finding Judgment
Outcome
appeal dismissed
Legal Topics
Disclosure Obligations, Fact Finding, Credibility Assessment, Special Guardianship, Material Irregularity
Family Law Child Protection Disclosure Obligations Fact Finding Credibility Assessment Special Guardianship Material Irregularity

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Parties

E (A Child)

Subject Child

Mother

Appellant

London Borough of Havering

Respondent Local Authority

Father

Respondent

Paternal Grandmother (PGM)

Intervenor

Procedural Posture

Care Proceedings (fact Finding Appeal) / Appeal From Fact Finding Judgment

Legal Issues

  1. 1 Whether the failure to disclose the viability assessment and associated documents relating to the paternal grandmother rendered the fact finding hearing unfair or unjust
  2. 2 Whether the judge's finding that the mother was the perpetrator of the injuries should be set aside due to the disclosure failure

Ratio Decidendi

The failure to disclose the viability assessments was a material irregularity but had no practical effect on the outcome. The credibility issues raised by the undisclosed documents related to historic matters not significant to the fact finding exercise. The judge's findings were based on contemporaneous evidence and circumstances, not on general background or credibility. The appeal was therefore dismissed.

Court Disposition

appeal dismissed