P (A Child), Re [2010] EWCA Civ 672 (20 May 2010)

P (A Child), Re [2010] EWCA Civ 672 (20 May 2010)

It was open to the judge to make a generalised finding of inappropriate sexual behaviour based on the reliable evidence of the foster mother and the low credibility of the father, even if specific findings could not be made; the judgment was carefully structured and not merely based on suspicion.

Citation
[2010] EWCA Civ 672
Parties
Appellant: RP; Respondent: Local Authority
Jurisdiction
England and Wales
Judgment Date
20 May 2010
Procedural Posture
Appeal / Judgment on Appeal From Newport County Court
Outcome
Appeal dismissed
Legal Topics
Findings of Fact, Hearsay Evidence, Sexual Abuse Allegations, Standard of Proof
Family Law Child Protection Findings of Fact Hearsay Evidence Sexual Abuse Allegations Standard of Proof

Case Brief

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Parties

RP

Appellant

Local Authority

Respondent

Procedural Posture

Appeal / Judgment on Appeal From Newport County Court

Legal Issues

  1. 1 Whether the judge erred in making a generalised finding of sexual abuse based solely on the hearsay evidence of a young child
  2. 2 Whether the evidence met the requisite standard of proof for such a finding

Ratio Decidendi

It was open to the judge to make a generalised finding of inappropriate sexual behaviour based on the reliable evidence of the foster mother and the low credibility of the father, even if specific findings could not be made; the judgment was carefully structured and not merely based on suspicion.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed