SB v A Local Authority & Ors

SB v A Local Authority & Ors

The trial judge's findings were open to her on the evidence, her reasoning was fully and carefully explained, and there was no palpable error justifying appellate interference.

Parties
Appellant: SB; 1st Respondent: A Local Authority; 2nd Respondent: KB; 3rd Respondent: JB (through a Children’s Guardian); 4th Respondent: GB (by a litigation friend, the Official Solicitor)
Jurisdiction
England and Wales
Judgment Date
10 October 2012
Procedural Posture
Appeal (family Division) / Judgment on Appeal Against Findings of Fact
Outcome
Appeal dismissed
Legal Topics
Appeal Against Findings of Fact, Sexual Abuse Allegations, Children Act 1989, Standard of Proof in Civil Proceedings
Family Law Child Protection Appeal Against Findings of Fact Sexual Abuse Allegations Children Act 1989 Standard of Proof in Civil Proceedings

Case Brief

Summary, issues, holding and outcome

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Parties

SB

Appellant

A Local Authority

1st Respondent

KB

2nd Respondent

JB (through a Children’s Guardian)

3rd Respondent

GB (by a litigation friend, the Official Solicitor)

4th Respondent

Procedural Posture

Appeal (family Division) / Judgment on Appeal Against Findings of Fact

Legal Issues

  1. 1 Whether the trial judge's findings of sexual abuse by the father were plainly wrong
  2. 2 Whether the judge failed to properly consider the credibility of the complainant given her learning disability
  3. 3 Whether the judge erred in assessing opportunity and alibi evidence

Ratio Decidendi

The trial judge's findings were open to her on the evidence, her reasoning was fully and carefully explained, and there was no palpable error justifying appellate interference.

Court Disposition

Appeal dismissed

Orders

  • Appeal by the father against findings of fact is dismissed.