Re W (children) (abuse: oral evidence)[2010] UKSC 12, [2010] All ER (D) 29 (Mar)
Supreme Court, Lord Walker, Lady Hale, Lord Brown, Lord Mance and Lord Kerr, 3 Mar 2010
The Supreme Court has given guidance on the exercise of the court’s discretion in deciding whether to order a child to attend to give evidence in family proceedings.
Charles Geekie QC and Michael Liebrecht for the father. Lucinda Davis QC and Sarah Earley for the local authority. Kate Branigan QC and Maggie Jones for the children, by the children’s guardian.
The proceedings arose out of an allegation by the child that her stepfather had sexually abused her. She was immediately interviewed in accordance with the Achieving Best Evidence (ABE) guidance and medically examined. The appeal to the Supreme Court concerned the lower courts’ refusal of the father’s application to call the child as a witness rather than rely on the ABE guidance.
Lady Hale (giving the judgmentof the court):
The existing law, eg LM v Medway Council, RM and YM [2007] EWCA Civ 9, erected a presumption against a child giving evidence which required to
