Re E (a child) (care proceedings: live oral evidence from children)

Family proceedings – Orders in family proceedings. The Court of Appeal, Civil Division, allowed an appeal against findings of fact made in the context of care proceedings. The judge had failed to acknowledge and analyse the numerous substantial deviations from good or acceptable practice which had been evident at every stage of the achieving best evidence process. An application for a police officer to be called to give evidence had been wrongly refused. There had been a substantial breach of art 6 of the European Convention on Human Rights and a wholly inadequate assessment of an application for live oral evidence to be given by child witnesses in the proceedings.

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