C (Children), Re [2008] EWCA Civ 1331 (02 October 2008)

C (Children), Re [2008] EWCA Civ 1331 (02 October 2008)

The judge's error in making findings of propensity and regarding D did not taint the primary finding of abuse against L, as the judge's assessment of L's credibility and the evidence was sufficiently clear and strong to support the finding independently.

Citation
[2008] EWCA Civ 1331
Parties
Appellant: Ms Bacon; Second Respondent: Coventry County Council
Jurisdiction
England and Wales
Judgment Date
02 October 2008
Procedural Posture
Appeal / Judgment on Appeal From Fact Finding Hearing in Public Law Child Protection Proceedings
Outcome
Appeal dismissed
Legal Topics
Fact Finding Hearings, Propensity Evidence, Credibility Assessment, Appeals in Family Proceedings
Family Law Child Protection Fact Finding Hearings Propensity Evidence Credibility Assessment Appeals in Family Proceedings

Case Brief

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Parties

Ms Bacon

Appellant

Coventry County Council

Second Respondent

Procedural Posture

Appeal / Judgment on Appeal From Fact Finding Hearing in Public Law Child Protection Proceedings

Legal Issues

  1. 1 Whether the trial judge erred by making findings of propensity and findings regarding conduct not pursued by the local authority
  2. 2 Whether the judge's approach tainted the primary finding of abuse against L

Ratio Decidendi

The judge's error in making findings of propensity and regarding D did not taint the primary finding of abuse against L, as the judge's assessment of L's credibility and the evidence was sufficiently clear and strong to support the finding independently.

Court Disposition

Appeal dismissed

Orders

  • Striking out of any finding of propensity
  • No remittal; primary finding stands