R (A Child) v Devon County Council & Ors

R (A Child) v Devon County Council & Ors

The judge was entitled to find, on the balance of probabilities, that C sexually abused K, based on K’s credible allegations and the corroborative forensic evidence, and did not err in his approach or fail to consider relevant evidential concerns.

Parties
Appellant: R (A Child); First Respondent: Devon County Council; Second Respondent: C. R; Third Respondents: K and A. R (By their Guardian)
Jurisdiction
England and Wales
Judgment Date
15 July 2008
Procedural Posture
Appeal / Judgment on Appeal From Fact Finding Hearing in Care Proceedings
Outcome
Appeal dismissed
Legal Topics
Care Orders, Sexual Abuse Allegations, Standard of Proof, Children Act 1989
Family Law Child Protection Care Orders Sexual Abuse Allegations Standard of Proof Children Act 1989

Case Brief

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Parties

R (A Child)

Appellant

Devon County Council

First Respondent

C. R

Second Respondent

K and A. R (By their Guardian)

Third Respondents

Procedural Posture

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

Legal Issues

  1. 1 Whether the judge erred in finding that C sexually abused K
  2. 2 Whether the judge applied the correct standard of proof
  3. 3 Whether the judge failed to address evidential concerns undermining K's credibility

Ratio Decidendi

The judge was entitled to find, on the balance of probabilities, that C sexually abused K, based on K’s credible allegations and the corroborative forensic evidence, and did not err in his approach or fail to consider relevant evidential concerns.

Court Disposition

Appeal dismissed

Orders

  • Findings of fact against C stand
  • No order as to costs specified