Source: All England Reporter
Publisher Citation: [2008] All ER (D) 232 (Jan)
Court: Court of Appeal, Civil Division
Judge:

Thorpe, Wilson LJJ and Black J
Representation Stephen Cobb QC and Stuart Fuller for the children's guardian.
  Marianna Hildyard QC and Isabelle Watson for the father.
Judgment Dates: 29 January 2008

Catchwords

Family proceedings - Appeal - Local authority commencing care proceedings in relation to four siblings - Judge constrained by previous authority - Judge finding that father not having abused step-daughter and that no risk that a child in the care of the father would be sexually abused by him - Whether legitimate reason for review of law by House of Lords - s 31.

The Case

In a case where the local authority had commenced care proceedings in relation to four children, and where the judge was bound, on authority, to find that the father had not abused his step-daughter, and that there was no risk that a child in the care of the father would be sexually abused by him, although the children's guardian's appeal had to be dismissed, important issues had been raised and permission to appeal to the House of Lords would be granted.

Practice Areas

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