Staffordshire County Council v M & J (Findings not reopened) [2013] EWFC B149 (3 October 2014)

Staffordshire County Council v M & J (Findings not reopened) [2013] EWFC B149 (3 October 2014)

The application to re-open the findings fails because the new evidence presented is modest and does not constitute solid grounds for challenge. The original findings remain compelling, and there is no real reason to believe that a rehearing would result in a different outcome.

Citation
[2013] EWFC B149
Parties
Applicant: SF; Respondent: T; Interested Party: Local Authority
Jurisdiction
England and Wales
Judgment Date
03 October 2014
Procedural Posture
Care Proceedings / Application to Re Open Findings of Fact
Outcome
application dismissed
Legal Topics
Re Opening Findings of Fact, Care Proceedings, Child Sexual Abuse Allegations, Standard of Proof, Fresh Evidence
Family Law Child Protection Re Opening Findings of Fact Care Proceedings Child Sexual Abuse Allegations Standard of Proof Fresh Evidence

Case Brief

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Parties

SF

Applicant

T

Respondent

Local Authority

Interested Party

Procedural Posture

Care Proceedings / Application to Re Open Findings of Fact

Legal Issues

  1. 1 Whether new evidence or information justifies re-opening previous findings of fact in care proceedings
  2. 2 Whether the applicant has established solid grounds for challenge to the original findings

Ratio Decidendi

The application to re-open the findings fails because the new evidence presented is modest and does not constitute solid grounds for challenge. The original findings remain compelling, and there is no real reason to believe that a rehearing would result in a different outcome.

Court Disposition

application dismissed

Orders

  • Application to re-open findings of fact is refused.
  • Other provisions agreed by the parties during argument are to be recited in the order.