L (Fact-Finding Hearing: Fairness) [2022] EWCA Civ 169 (17 February 2022)

L (Fact-Finding Hearing: Fairness) [2022] EWCA Civ 169 (17 February 2022)

The Court of Appeal held that the recorder was entitled to make findings beyond the local authority's threshold document where those findings were supported by the evidence and the parties had a fair opportunity to respond. The process was not rendered unfair by the absence of certain witnesses, as the core...

Source-derived case information.

Citation
[2022] EWCA Civ 169
Parties
Appellant: Z; First Respondent: A Local Authority; Second Respondent: A Mother; Third Respondent: L (by her children's guardian)
Jurisdiction
England and Wales
Judgment Date
17 February 2022
Procedural Posture
Appeal (care Proceedings) / Judgment on Appeal From Family Court
Outcome
Appeal dismissed
Legal Topics
Care Proceedings, Threshold Criteria, Domestic Abuse, Coercive Control, Fair Trial, Fact Finding Hearings, Children Act 1989 S.31
Family Law Child Protection Care Proceedings Threshold Criteria Domestic Abuse Coercive Control Fair Trial Fact Finding Hearings +1 more

Source-derived case record

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 3 Authorities cited 9 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Z

Appellant

A Local Authority

First Respondent

A Mother

Second Respondent

L (by her children's guardian)

Third Respondent

Procedural Posture

Appeal (care Proceedings) / Judgment on Appeal From Family Court

Legal Issues

  1. 1 Whether the fact-finding process in care proceedings was fair given findings went beyond the local authority's threshold document
  2. 2 Whether the findings made by the recorder were supported by evidence and properly linked to significant harm under s.31 Children Act 1989

Ratio Decidendi

The Court of Appeal held that the recorder was entitled to make findings beyond the local authority's threshold document where those findings were supported by the evidence and the parties had a fair opportunity to respond. The process was not rendered unfair by the absence of certain witnesses, as the core allegations were known and addressed by the parties. The linkage between the findings and significant harm was sufficiently established. The appeal was dismissed.

Court Disposition

Appeal dismissed

Orders

  • Recorder's findings and decision upheld
  • Care proceedings to continue as directed by the Family Court