C (Children : Fact-Finding)

C (Children : Fact-Finding)

The appeal was dismissed because the trial judge’s findings were supported by the evidence, his assessment of the credibility of the parents and K was justified, and there were no solid grounds to reopen findings based on the subsequent psychological report. The judge did not err in law or principle, and the local authority failed to establish the facts it sought to prove.

Parties
Appellant: Reading Borough Council; Respondent: Father; Respondent: Sister L; Respondent: Mother; Respondent: Children’s Guardian
Jurisdiction
England and Wales
Judgment Date
18 April 2018
Procedural Posture
Care Proceedings (fact Finding) / Appeal From Fact Finding Judgment
Outcome
appeal dismissed
Legal Topics
Fact Finding Hearings, Threshold Criteria, Assessment of Evidence, Reopening Findings, Sexual Abuse Allegations
Family Law Child Protection Fact Finding Hearings Threshold Criteria Assessment of Evidence Reopening Findings Sexual Abuse Allegations

Case Brief

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Parties

Reading Borough Council

Appellant

Father

Respondent

Sister L

Respondent

Mother

Respondent

Children’s Guardian

Respondent

Procedural Posture

Care Proceedings (fact Finding) / Appeal From Fact Finding Judgment

Legal Issues

  1. 1 Whether the trial judge erred in refusing to make all findings of fact sought by the local authority
  2. 2 Whether the judge failed to properly assess the credibility of the parents and the evidence of K
  3. 3 Whether the judge improperly relied on his own experience rather than evidence

Ratio Decidendi

The appeal was dismissed because the trial judge’s findings were supported by the evidence, his assessment of the credibility of the parents and K was justified, and there were no solid grounds to reopen findings based on the subsequent psychological report. The judge did not err in law or principle, and the local authority failed to establish the facts it sought to prove.

Court Disposition

appeal dismissed