A (No. 2) (Children: Findings of Fact)

A (No. 2) (Children: Findings of Fact)

The judge's finding that S's genital injuries were caused by a failed attempt at FGM was unsupported by evidence and procedurally unfair, as it was not pleaded, litigated, or put to the parties; this critical finding undermined all other findings, requiring them to be set aside and the matter remitted for retrial.

Parties
Appellant: Mother; Appellant: Father; Respondent: Local Authority; Respondent: E; Respondent: W; Respondent: Children’s Guardian (for X, Y, Z)
Jurisdiction
England and Wales
Judgment Date
14 November 2019
Procedural Posture
Care Proceedings / Appeal From High Court Family Division, Post Retrial
Outcome
Appeal allowed; all findings set aside; matter remitted for retrial.
Legal Topics
Fact Finding Hearings, Female Genital Mutilation, Procedural Fairness, Identification of Perpetrator, Care Orders, Collusion, Accidental Death, Sexual Assault
Family Law Child Protection Fact Finding Hearings Female Genital Mutilation Procedural Fairness Identification of Perpetrator Care Orders Collusion +2 more

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Parties

Mother

Appellant

Father

Appellant

Local Authority

Respondent

E

Respondent

W

Respondent

Children’s Guardian (for X, Y, Z)

Respondent

Procedural Posture

Care Proceedings / Appeal From High Court Family Division, Post Retrial

Legal Issues

  1. 1 Whether the trial judge's findings regarding FGM and perpetration were supported by evidence
  2. 2 Procedural fairness in making findings not pleaded or litigated
  3. 3 Whether injuries to S were inflicted, accidental, or self-inflicted

Ratio Decidendi

The judge's finding that S's genital injuries were caused by a failed attempt at FGM was unsupported by evidence and procedurally unfair, as it was not pleaded, litigated, or put to the parties; this critical finding undermined all other findings, requiring them to be set aside and the matter remitted for retrial.

Court Disposition

Appeal allowed; all findings set aside; matter remitted for retrial.

Orders

  • Early case management hearing and subsequent rehearing ordered
  • Female Genital Mutilation Protection Order set aside