SB v A Local Authority & Ors [2012] EWCA Civ 1269 (10 October 2012)

The trial judge's findings that the father sexually abused G were properly open to her on the evidence, adequately reasoned, and not 'plainly wrong'; the appeal is dismissed.

Citation: [2012] EWCA Civ 1269
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 / Appeal Against Findings of Fact From High Court Family Division
Outcome: Appeal dismissed
Legal Topics: Appeals Against Findings of Fact, Sexual Abuse Allegations, Children Act 1989, Credibility Assessment, Balance of Probabilities

Family Law Child Protection Appeals Against Findings of Fact Sexual Abuse Allegations Children Act 1989 Credibility Assessment Balance of Probabilities

Case Brief

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Full judgment text Downloadable case file Legal principles 4 Authorities cited 10 Party arguments 2

Parties

Appellant

A Local Authority

1st Respondent

2nd Respondent

JB (through a Children's Guardian)

3rd Respondent

GB (by a litigation friend, the Official Solicitor)

4th Respondent

Procedural Posture

Appeal / Appeal Against Findings of Fact From High Court Family Division

Legal Issues

1 Whether the trial judge was 'plainly wrong' in finding sexual abuse by the father
2 Adequacy of judge's reasoning and explanation
3 Impact of complainant's learning disability on credibility

Ratio Decidendi

The trial judge's findings that the father sexually abused G were properly open to her on the evidence, adequately reasoned, and not 'plainly wrong'; the appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

Findings of fact by Pauffley J upheld
No further reports or risk assessments pending appeal