S (A Child), Re [2013] EWCA Civ 1254 (24 October 2013)

S (A Child), Re [2013] EWCA Civ 1254 (24 October 2013)

The trial judge was entitled to rely on the child's ABE interviews and her own assessment of credibility, and the criticisms of the pre-ABE interview, expert evidence, and analysis of the stepfather's untruthfulness did not undermine the findings. The appeal was dismissed as the findings were within the judge's...

Source-derived case information.

Citation
[2013] EWCA Civ 1254
Parties
Appellant: SS; First Respondent: SA; Respondent: FS; Respondent: S (A Child)
Jurisdiction
England and Wales
Judgment Date
24 October 2013
Procedural Posture
Appeal (civil) / Appeal From Fact Finding Judgment in County Court
Outcome
Appeal dismissed
Legal Topics
Sexual Assault Allegations, Fact Finding Hearings, Children's Evidence, Residence Orders, Expert Evidence, Appeals Procedure
Family Law Child Protection Sexual Assault Allegations Fact Finding Hearings Children's Evidence Residence Orders Expert Evidence Appeals Procedure

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Summary, issues, holding and outcome

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Parties

SS

Appellant

SA

First Respondent

FS

Respondent

S (A Child)

Respondent

Procedural Posture

Appeal (civil) / Appeal From Fact Finding Judgment in County Court

Legal Issues

  1. 1 Whether the judge erred in finding that the stepfather sexually assaulted the child
  2. 2 Whether the judge failed to properly consider the background and influences on the child
  3. 3 Whether reliance on pre-ABE interview was appropriate

Ratio Decidendi

The trial judge was entitled to rely on the child's ABE interviews and her own assessment of credibility, and the criticisms of the pre-ABE interview, expert evidence, and analysis of the stepfather's untruthfulness did not undermine the findings. The appeal was dismissed as the findings were within the judge's evaluative discretion and supported by the evidence.

Court Disposition

Appeal dismissed

Orders

  • Finding of sexual assault by stepfather upheld
  • No order as to residence or contact challenged on appeal