A COUNCIL that suspects a man of having sexually abused two children is a step closer to winning a legal fight to take his child into care.

London's Appeal Court granted North Yorkshire County Council permission to appeal against a York High Court decision, made in July, to dismiss a care order application.

The council said there was strong evidence the man had sexually abused a boy in the 1980s, and a girl in the 1990s. The man, who cannot be named for legal reasons, had successfully defended criminal proceedings in relation to one of the allegations.

The York judge, Mr Justice Holman, who heard evidence from the boy and the girl's mother, as well as the man himself, concluded neither abuse accusation had been established to the required standard of proof.

He said that any future court proceedings would have to proceed on the basis the alleged abuse did not happen.

However, the judge continued: "Nevertheless, I have not stated or held that I am positively satisfied that he did not abuse them."

He also said that he did not think the boy or the girl's mother had lied.

He went on to say the grounds of suspicion against the man, from the York area, "were, and are, very high", adding that the council had been right to commence the care proceedings.

In granting the council permission to appeal, Lord Justice Thorpe, sitting with Lady Justice Arden and Sir Martin Nourse, said the council's QC, Sally Bradley, had convincingly argued the judge's ruling showed inconsistency.

"On the one hand, he is saying he holds very high suspicions as to the abuse," he said.

But Mr Justice Holman then told the council that it had to deal with the case on the basis that the abuse had not taken place.

Describing the case as difficult, Lord Justice Thorpe said the judge was perfectly entitled to find the evidence of both the accuser and accused credible.

He therefore had to consider other evidence, which made him conclude that he was not satisfied about the accusations, with regard to the high legal standard of proof he had to apply to the case.

No date was set for the full hearing of the council's appeal.