W and F (Children), Re [2015] EWCA Civ 1300 (18 December 2015)

W and F (Children), Re [2015] EWCA Civ 1300 (18 December 2015)

The Court of Appeal found that the recorder's findings of sexual abuse against X were unsafe due to serious and repeated breaches of the Achieving Best Evidence guidelines in the investigation and interviewing of the children, the lack of adequate reasons for accepting some parts of the children's evidence while rejecting others, and the failure to properly address inconsistencies and the absence of cross-examination. The findings of sexual abuse against X were set aside.

Citation
[2015] EWCA Civ 1300
Parties
Appellant: X; First Respondent: Local Authority; Mother of M, C, L, U (respondent): J; Mother of K, P, T (respondent): S
Jurisdiction
England and Wales
Judgment Date
18 December 2015
Procedural Posture
Appeal (care Proceedings) / Appeal From Fact Finding Judgment in Family Division
Outcome
Appeal allowed; findings of sexual abuse against X set aside.
Legal Topics
Care Proceedings, Sexual Abuse Allegations, Fact Finding Hearings, Children Act 1989 S.31, Achieving Best Evidence Guidelines
Family Law Child Protection Care Proceedings Sexual Abuse Allegations Fact Finding Hearings Children Act 1989 S.31 Achieving Best Evidence Guidelines

Case Brief

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Parties

X

Appellant

Local Authority

First Respondent

J

Mother of M, C, L, U (respondent)

S

Mother of K, P, T (respondent)

Procedural Posture

Appeal (care Proceedings) / Appeal From Fact Finding Judgment in Family Division

Legal Issues

  1. 1 Whether findings of sexual abuse against X were justified on the evidence
  2. 2 Whether breaches of Achieving Best Evidence (ABE) guidelines rendered the children's evidence unreliable
  3. 3 Whether the recorder gave adequate reasons for his findings

Ratio Decidendi

The Court of Appeal found that the recorder's findings of sexual abuse against X were unsafe due to serious and repeated breaches of the Achieving Best Evidence guidelines in the investigation and interviewing of the children, the lack of adequate reasons for accepting some parts of the children's evidence while rejecting others, and the failure to properly address inconsistencies and the absence of cross-examination. The findings of sexual abuse against X were set aside.

Court Disposition

Appeal allowed; findings of sexual abuse against X set aside.

Orders

  • Findings of sexual abuse against X in respect of M, L, and K are set aside.
  • No order as to costs.