P (A Child), Re

P (A Child), Re

The judge was entitled to make a generalised finding of sexually inappropriate behaviour involving E based on the reliable evidence of the foster mother and the low credibility of the father, even though specific findings could not be made due to weaknesses in the evidence.

Parties
Appellant: RP; Respondent: Local Authority
Jurisdiction
England and Wales
Judgment Date
20 May 2010
Procedural Posture
Appeal / Judgment
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

Legal Issues

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

Ratio Decidendi

The judge was entitled to make a generalised finding of sexually inappropriate behaviour involving E based on the reliable evidence of the foster mother and the low credibility of the father, even though specific findings could not be made due to weaknesses in the evidence.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed