W S & C (Children), Re [2005] EWCA Civ 1095 (01 March 2005)

W S & C (Children), Re [2005] EWCA Civ 1095 (01 March 2005)

The judge was entitled to make findings of sexual abuse against RC, having properly directed herself as to the law, carefully assessed the evidence, and applied the correct standard of proof as set out in Re H and R. The findings were supported by cogent evidence and the judge's reasoning process was not flawed so as to justify appellate intervention.

Citation
[2005] EWCA Civ 1095
Parties
Appellant: RC; Local Authority/respondent: Stockport Metropolitan Borough Council; Mother/respondent: BC; Child/subject: SS; Child/subject: S2C; Child/subject: NC; Child/subject: CS; Advocate for 3rd Respondent: Mr Rajan Delal
Jurisdiction
England and Wales
Judgment Date
01 March 2005
Procedural Posture
Appeal (care Proceedings) / Appeal From Findings of Fact in Interim Care Order Proceedings
Outcome
Appeal dismissed
Legal Topics
Care Proceedings, Sexual Abuse Allegations, Standard of Proof in Child Protection, Interim Care Orders
Family Law Child Protection Care Proceedings Sexual Abuse Allegations Standard of Proof in Child Protection Interim Care Orders

Case Brief

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Parties

RC

Appellant

Stockport Metropolitan Borough Council

Local Authority/respondent

BC

Mother/respondent

SS

Child/subject

S2C

Child/subject

NC

Child/subject

CS

Child/subject

Mr Rajan Delal

Advocate for 3rd Respondent

Procedural Posture

Appeal (care Proceedings) / Appeal From Findings of Fact in Interim Care Order Proceedings

Legal Issues

  1. 1 Whether the trial judge's findings of sexual abuse against RC were justified on the evidence applying the correct standard of proof
  2. 2 Whether the judge properly applied the principles from Re H and R (Child Sexual Abuse: Standard of Proof) [1996] 1 AC 563

Ratio Decidendi

The judge was entitled to make findings of sexual abuse against RC, having properly directed herself as to the law, carefully assessed the evidence, and applied the correct standard of proof as set out in Re H and R. The findings were supported by cogent evidence and the judge's reasoning process was not flawed so as to justify appellate intervention.

Court Disposition

Appeal dismissed

Orders

  • Appellants' costs to be the subject of a detailed assessment
  • Reporting restrictions imposed