N (A Child)

N (A Child)

The judge was entitled to embark on a fact-finding hearing and to find that the appellant, his wife, and the mother remained in the pool of potential perpetrators; there was no procedural unfairness; the findings regarding neglectful delay in seeking medical treatment were justified by the evidence; the appeal is dismissed.

Parties
Appellant: Mr H; First Respondent: Birmingham City Council; Second Respondent: YW (the mother)
Jurisdiction
England and Wales
Judgment Date
02 April 2009
Procedural Posture
Appeal / Judgment on Appeal From Fact Finding Hearing in Care Proceedings
Outcome
Appeal dismissed
Legal Topics
Fact Finding Hearings, Non Accidental Injury, Care Proceedings, Potential Perpetrators, Procedural Fairness
Family Law Child Protection Fact Finding Hearings Non Accidental Injury Care Proceedings Potential Perpetrators Procedural Fairness

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Parties

Mr H

Appellant

Birmingham City Council

First Respondent

YW (the mother)

Second Respondent

Procedural Posture

Appeal / Judgment on Appeal From Fact Finding Hearing in Care Proceedings

Legal Issues

  1. 1 Whether the judge erred in embarking on a fact-finding hearing when the perpetrator could not be identified
  2. 2 Whether the fact-finding hearing was unfair to the appellant
  3. 3 Whether the appellant and his wife should remain in the pool of potential perpetrators

Ratio Decidendi

The judge was entitled to embark on a fact-finding hearing and to find that the appellant, his wife, and the mother remained in the pool of potential perpetrators; there was no procedural unfairness; the findings regarding neglectful delay in seeking medical treatment were justified by the evidence; the appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.