Points to note when solving the Law case study include ;

i) Answer all the questions related to the case scenario.

ii) Demonstrate the ability to examine and critically analyse how the legal system

operates to safeguard and protect children.

iii) Demonstrate a detailed knowledge of how the legal system and relevant legal

provisions are applied within contemporary professional practice.

iv) Cite relevant sections of the Children Act 1989, the Children Act 2004, the

Human Rights Act 1998, other key relevant legislation, policy, and case law

where necessary.

please make sure you give a good introduction and a good conclusion

CASE SCENARIO FOR COURSEWORK ASSESSMENT

K (Children), Re [2019] EWCA Civ 184

The central issue of the appeal was whether the first instance judge was wrong to make

a finding that the appellant father had sexually abused his 6-year-old daughter. The father

contended that the evidence was inadequate to support the judge's findings.

The background is set out at 3-7. Broadly, in summary "Anisa" had lived with her parents

and 13-year-old sister. She made allegations of physical and sexual abuse against her

father to a teacher at her mosque which, in turn, led to referrals and the father moving

out of the family home. The Local Authority initiated care proceedings and there was a

four-day fact-finding hearing. The judge made a number of threshold findings (found at

5) but the father only sought to appeal the finding of significant sexual harm against

him.

The evidence is summarised at 8-21. There were two strands to the evidence. First, the

investigation into Anisa's statements to the teacher (parts of which were unrepeated by

Anisa and thus formed the primary evidence of the Local Authority in respect of the

sexual abuse). Notably, the judge was highly critical of the process by which Anisa's

account was investigated and a list of defects is found at 16. Second, the accounts

subsequently given by the workers who supervised the father's contact, when they each

said that they had briefly seen the father with what they thought was an erection (which

supported a finding that the father had been sexually aroused at contact).

The trial judge's reasoning is found at 22-25 and the arguments on appeal from 26-

31. The father argued that the judge went beyond what the evidence allowed including

wrongly relying upon the evidence of the teacher (see 27) and erring in using the

"speculative" and "incompatible" accounts of the contact workers to bolster her main

findings.

In largely dismissing the appeal, the court reiterated that an appellate court will rarely

contemplate reversing a trial judge's findings of primary fact before listing nine fact

specific reasons (at 33) as to why the appeal failed that rigorous hurdle. The nub being

that the judge had given herself a model legal self-direction, had applied the direction to

the evidence in a clearly reasoned judgment, there was evidence to support the judge's

findings and the judge was entitled to make the findings she did.

Thus, the appeal largely failed. The only point of departure from the judge's findings was

in respect of the finding that the father had been sexually aroused at contact. Peter

Jackson LJ concluded (at 35) that the evidence of the contact workers was too uncertain

to form a sound basis for the finding such that the finding was set aside (without,

however, tainting the judge's primary finding of sexual abuse).

Summary by Max Turnell, barrister, 1 King's Bench Walk

Questions - answer every question.

1. Critically discuss the importance of a child being considered Gillick competent in

such proceedings. Refer to case law in your answer.

2. Discuss the investigations that would have been undertaken under s47 Children

Act 1989 and why.

3. "the matter can now return to the judge for her to make any necessary welfare

decisions"

Discuss this stage of the threshold criteria to determine how the welfare decisions

will be made. Refer to case law in your answer

4. Discuss and evaluate how the granting of the Care Order under s31 (CA 1989)

may contradict parts of the Human Rights Act 1998.

5. The mother suffered a mental break down because of these proceedings. A

referral was made by her GP as it was believed she needed assistance. Discuss

the process of the referral and any admittance into a mental health hospital.

6. It was believed that the father showed little understanding into the Local

authorities concern. It was suggested that a psychologist undertake and

assessment. Under what statute and why would such assessment be taken.

($40) payment will be made for your assistance as well as an excellent rating). total count is expected to be three thousand.

The links below will direct you to the assisted materials and the referencing style should be a havard referencing style

https://drive.google.com/file/d/1dJLLQQChLY6Vh7KSqusN3b6jHNWw83Rq/view?usp=sharing

https://drive.google.com/file/d/13UXEAGUQLLdxzz5GiXWkNRbQmMIhS-sP/view?usp=sharing

https://drive.google.com/file/d/1EqtbEt3h4L5Dpb2cX3kUhMxIoqhMGXit/view?usp=sharing

https://drive.google.com/file/d/1p4AmQkVsjlRM2CYpOUw0BrViKQKhLwdy/view?usp=sharing

https://drive.google.com/file/d/11mSoV52LgiBul2SCnpO0Q0Gf_9lvv_5J/view?usp=sharing