TW v A City Council & Ors [2011] EWCA Civ 17 (20 January 2011)

TW v A City Council & Ors [2011] EWCA Civ 17 (20 January 2011)

The judge's finding that TW sexually abused LR was unsafe because it was based primarily on an ABE interview that was significantly flawed, with leading questions and lack of free narrative, contrary to established guidance. The judge failed to properly evaluate all the evidence, did not resolve key factual disputes on oral evidence, and did not adequately explain her reasoning or address the outcome of the criminal trial. Accordingly, the finding against TW must be set aside.

Citation
[2011] EWCA Civ 17
Parties
Appellant: TW; 1st Respondent: A City Council; 2nd Respondent: TT; 3rd Respondent: MW; 4th Respondent: SW (by a Children's Guardian)
Jurisdiction
England and Wales
Judgment Date
20 January 2011
Procedural Posture
Appeal (care Proceedings) / Permission to Appeal and Substantive Appeal Judgment
Outcome
Appeal allowed; finding of sexual abuse set aside; no remission for re-hearing.
Legal Topics
Care Proceedings, Fact Finding Hearings, Sexual Abuse Allegations, Evidential Standards, Interviewing Child Witnesses, Appeals Procedure
Family Law Child Protection Criminal Evidence Care Proceedings Fact Finding Hearings Sexual Abuse Allegations Evidential Standards Interviewing Child Witnesses +1 more

Case Brief

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Parties

TW

Appellant

A City Council

1st Respondent

TT

2nd Respondent

MW

3rd Respondent

SW (by a Children's Guardian)

4th Respondent

Procedural Posture

Appeal (care Proceedings) / Permission to Appeal and Substantive Appeal Judgment

Legal Issues

  1. 1 Whether the judge erred in relying on a flawed ABE interview to find sexual abuse by TW
  2. 2 Whether the judge failed to properly evaluate and explain the evidence, including the condition of the child's clothing and the oral evidence of TW
  3. 3 Whether the judge failed to consider the impact of the criminal trial outcome and the reliability of the child's evidence

Ratio Decidendi

The judge's finding that TW sexually abused LR was unsafe because it was based primarily on an ABE interview that was significantly flawed, with leading questions and lack of free narrative, contrary to established guidance. The judge failed to properly evaluate all the evidence, did not resolve key factual disputes on oral evidence, and did not adequately explain her reasoning or address the outcome of the criminal trial. Accordingly, the finding against TW must be set aside.

Court Disposition

Appeal allowed; finding of sexual abuse set aside; no remission for re-hearing.

Orders

  • Permission to appeal granted
  • Appeal allowed