Similarly, the public interest in the identification of perpetrators of child abuse cannot, of itself, be such a purpose.
(v) The relevance of the potential result of the investigation to the future care plans for the child should be seen in the light of the s. 31(3B) obligation on the court to consider the impact of harm on the child and the way in which his or her resulting needs are to be met.(vi) The impact of any fact-finding process upon the other parties can also take account of the opportunity costs for the local authority, even if it is the party seeking the investigation, in terms of resources and professional time that might be devoted to other children.(vii) The prospects of a fair trial may also encompass the advantages of a trial now over a trial at a possibly distant and unpredictable future date.(viii) The justice of the case gives the court the opportunity to stand back and ensure that all matters relevant to the overriding objective have been taken into account. One such matter is whether the contested allegation may be investigated within criminal proceedings. Another is the extent of any gulf between the factual basis for the court's decision with or without a fact-finding hearing. The level of seriousness of the disputed allegation may inform this assessment. As I have said, the court must ask itself whether its process will do justice to the reality of the case.
- Approved Judgment
- Mr Justice Mostyn:
- General legal principles
- The family law authorities
- consequence
- Not infrequently, a finding in relation to one child will have implications for the welfare of other children
- only
- underlined
- But the significance to the individual child of knowing the whole truth cannot, of itself, be a main purpose of the investigation.
- Similarly, the public interest in the identification of perpetrators of child abuse cannot, of itself, be such a purpose.
- necessary
- This means that the court must be satisfied that the findings, if made, would produce something of importance for the welfare decision.”
- The facts of this case
- Decision