K-L (Children), Re

K-L (Children), Re

The judge's change of mind regarding findings of sexual abuse was not properly reasoned, and the procedural irregularities and lack of judicial explanation undermine confidence in the findings. All judgments and orders must be set aside and the case remitted for rehearing.

Parties
Appellant: TL; Respondent: LE; Respondent: Liverpool City Council; Respondent: Children's Guardian
Jurisdiction
England and Wales
Judgment Date
12 August 2015
Procedural Posture
Appeal / Judgment
Outcome
Appeal allowed; all judgments and orders set aside; case remitted for rehearing.
Legal Topics
Care Proceedings, Fact Finding Hearings, Judicial Reasoning, Appeals, Children Act 1989
Family Law Child Protection Care Proceedings Fact Finding Hearings Judicial Reasoning Appeals Children Act 1989

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 6 Party arguments 2
Sign in to unlock

Parties

TL

Appellant

LE

Respondent

Liverpool City Council

Respondent

Children's Guardian

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the judge's change of mind regarding findings of sexual abuse was properly reasoned
  2. 2 Whether the findings in judgment 3 can stand as the effective outcome
  3. 3 Whether the procedural irregularities undermine the integrity of the fact-finding process

Ratio Decidendi

The judge's change of mind regarding findings of sexual abuse was not properly reasoned, and the procedural irregularities and lack of judicial explanation undermine confidence in the findings. All judgments and orders must be set aside and the case remitted for rehearing.

Court Disposition

Appeal allowed; all judgments and orders set aside; case remitted for rehearing.

Orders

  • All three judgments and the April order are set aside.
  • The case is remitted to the Liverpool Family Court for rehearing on all issues.