In re O and Another (Children: Care proceedings evidence): FD 14 Aug 2003

The mother had refused to give evidence at the hearing in care proceedings, to answer allegations made against her. She appealed a decision against her.
Held: In cases involving the care of children, there is no place for the ‘no comment’ interview which was part and parcel of criminal procedure. Though parents might understandably feel that there was an adversarial feel, the objective was protection of children not punishment. Accordingly the court must almost inevitably draw inferences against a parent who refused to submit herself to cross examination.

Judges:

Johnson J

Citations:

Times 26-Sep-2003, Gazette 16-Oct-2003

Jurisdiction:

England and Wales

Evidence, Children

Updated: 09 May 2022; Ref: scu.186455