RB (Adult) , Re

RB (Adult) , Re

The court found the local authority was justified in commencing proceedings and ventilating concerns, but lacked evidence to substantiate sexual abuse allegations and ceased relying on them after 2004. Allegations of impropriety, removal of documents, and fraud were groundless. MF would not have been able to cooperate with a care package at home, so RB's best interests lay in remaining at the C home. Professional conduct of all advocates and officials was upheld. Costs are not awarded as a matter of course.

Parties
Claimant: A London Borough; First Defendant: RB (by her litigation friend the Official Solicitor); Second Defendant: MF
Jurisdiction
England and Wales
Judgment Date
30 September 2010
Procedural Posture
Inherent Jurisdiction (family Division) / Post Final Hearing, Judgment Following Death of Subject
Outcome
All allegations against the local authority, Official Solicitor, and advocates dismissed as groundless. No further action ordered. Costs reserved.
Legal Topics
Best Interests Determination, Sexual Abuse Allegations, Care Arrangements, Professional Conduct, Court Bundles, Financial Abuse Allegations, Land Registry Charge, Expert Evidence, Costs
Family Law Mental Capacity Human Rights Best Interests Determination Sexual Abuse Allegations Care Arrangements Professional Conduct Court Bundles +4 more

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Parties

A London Borough

Claimant

RB (by her litigation friend the Official Solicitor)

First Defendant

MF

Second Defendant

Procedural Posture

Inherent Jurisdiction (family Division) / Post Final Hearing, Judgment Following Death of Subject

Legal Issues

  1. 1 Whether the local authority was justified in making allegations of sexual abuse against MF
  2. 2 Whether the local authority and Official Solicitor continued to rely on sexual abuse allegations
  3. 3 Whether the local authority ever apologised for making the allegation

Ratio Decidendi

The court found the local authority was justified in commencing proceedings and ventilating concerns, but lacked evidence to substantiate sexual abuse allegations and ceased relying on them after 2004. Allegations of impropriety, removal of documents, and fraud were groundless. MF would not have been able to cooperate with a care package at home, so RB's best interests lay in remaining at the C home. Professional conduct of all advocates and officials was upheld. Costs are not awarded as a matter of course.

Court Disposition

All allegations against the local authority, Official Solicitor, and advocates dismissed as groundless. No further action ordered. Costs reserved.

Orders

  • No factual findings of sexual abuse against MF
  • No finding of fraud or impropriety against any party