Y, V & B (Fact-Finding: Perpetrator), Re
[2024] EWCA Civ 1034
H (Children: Uncertain Perpetrator: Lies), Re
23 October 2024
[2024] EWCA Civ 1261
Court of Appeal
A judge couldn't figure out who hurt a child, so she blamed both the mom and her boyfriend. The mom appealed, saying the judge was unfair. The higher court said the judge did a good job, even though it was a tough case with lots of lies, and upheld the decision.
Key Facts
- •Care proceedings concerning three children after the youngest suffered bruising and fractures.
- •Parents separated in January 2022; intervenor moved in March 2022.
- •Injuries occurred May/June 2022.
- •Judge found injuries were inflicted, excluding the father and oldest child.
- •Mother and intervenor both lied during the investigation and hearing.
- •Judge could not identify a perpetrator on the balance of probabilities, placing both mother and intervenor in the pool of perpetrators.
- •Mother appealed on three grounds.
Legal Principles
Approach to lies in family court proceedings.
Re H-C (Children) [2016] EWCA Civ 136 and Re A, B and C (Children) [2021] EWCA Civ 451
Assessment of evidence in family proceedings requires an overview of the totality of evidence.
Re T [2004] EWCA Civ 558 and Re U, Re B [2004] EWCA Civ 567
In determining perpetrators, judges should not strain to make findings.
Re B (Children: Uncertain Perpetrator) [2019] EWCA Civ 575 and Re A (Children) (Pool of Perpetrators) [2022] EWCA Civ 1348
Outcomes
Appeal dismissed.
The judge's approach to the lies and her analysis of the evidence were not flawed. The judge's inability to identify a single perpetrator was justified given the conflicting evidence and untruthfulness of both the mother and the intervenor.