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09 FEB 2010

CARE PROCEEDINGS: Re W (Children) [2010] EWCA Civ 57

(Court of Appeal; Wall, Wilson and Rimer LJJ; 9 February 2010)

The father and stepfather were alleged to have sexually abused the 14 year old child. The father, who had criminal charges pending against him, applied for the 14 year old child who had made the allegations to attend a hearing to give oral evidence and be cross-examined as he claimed the allegations had been maliciously invented. The child had made allegations against the stepfather previously, but retracted them as untrue.

The appeal was dismissed. This case reviews the authority on the issue of children giving evidence in care proceedings.

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