W S & C (Children), Re

W S & C (Children), Re

The judge was entitled to make findings of sexual abuse against RC, having properly directed herself as to the law and applied the Re H and R test; the evidence was sufficiently cogent to satisfy the balance of probabilities standard.

Parties
Appellant: RC; Respondent: BC; Respondent: Stockport Metropolitan Borough Council
Jurisdiction
England and Wales
Judgment Date
01 March 2005
Procedural Posture
Care Proceedings / Appeal From Findings of Fact in Interim Care Order Hearing
Outcome
appeal dismissed
Legal Topics
Care Proceedings, Sexual Abuse Allegations, Standard of Proof, Interim Care Orders
Family Law Child Protection Care Proceedings Sexual Abuse Allegations Standard of Proof Interim Care Orders

Case Brief

Summary, issues, holding and outcome

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Parties

RC

Appellant

BC

Respondent

Stockport Metropolitan Borough Council

Respondent

Procedural Posture

Care Proceedings / Appeal From Findings of Fact in Interim Care Order Hearing

Legal Issues

  1. 1 Whether the judge's findings of sexual abuse against RC were properly open to her
  2. 2 Whether the judge applied the correct legal standard (Re H and R)
  3. 3 Reliability of evidence and witness credibility in care proceedings

Ratio Decidendi

The judge was entitled to make findings of sexual abuse against RC, having properly directed herself as to the law and applied the Re H and R test; the evidence was sufficiently cogent to satisfy the balance of probabilities standard.

Court Disposition

appeal dismissed

Orders

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