B (A Child)

B (A Child)

The mother was fully aware of the case against her and had a fair opportunity to respond; the recorder correctly applied the legal test by assessing the evidence in respect of each parent and finding, on the balance of probabilities, that the mother caused the injuries.

Parties
Subject: B (A Child); Appellant: Mother; Respondent: Father; Interested Party: Local Authority; Respondent: Nathan (the child)
Jurisdiction
England and Wales
Judgment Date
04 October 2018
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Fact Finding, Cross Examination, Identification of Perpetrator, Balance of Probabilities, Fair Trial
Family Law Child Protection Fact Finding Cross Examination Identification of Perpetrator Balance of Probabilities Fair Trial

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Parties

B (A Child)

Subject

Mother

Appellant

Father

Respondent

Local Authority

Interested Party

Nathan (the child)

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the mother was deprived of a fair opportunity to answer the case against her due to lack of explicit accusation and cross-examination.
  2. 2 Whether the recorder applied the correct legal test in identifying the perpetrator among two possible candidates.

Ratio Decidendi

The mother was fully aware of the case against her and had a fair opportunity to respond; the recorder correctly applied the legal test by assessing the evidence in respect of each parent and finding, on the balance of probabilities, that the mother caused the injuries.

Court Disposition

appeal dismissed

Orders

  • Recorder's fact-finding decision upheld
  • Mother remains identified as perpetrator of injuries