H (Children) (Findings of Fact), Re

The judge's finding that CH sexually abused H at Hallowe'en 2023 (finding 3) was unsafe due to flawed evidential analysis, unreliable and contaminated evidence, and lack of proper explanation for reliance on the foster mother's records and the child's account. Related findings attributing sexualised behaviour to abuse or family boundaries were evidentially insecure and must also be set aside. Findings regarding inappropriate behaviour, ongoing risk, and contact with maternal family stand where supported by credible evidence.

Parties: First Appellant (intervenor): CH; Second Appellant: Mother; First Respondent: Local Authority; Second Respondent: Father; Third and Fourth Respondents: Children's Guardian
Jurisdiction: England and Wales
Judgment Date: 28 July 2025
Procedural Posture: Appeal / Judgment
Outcome: Appeal allowed in part
Legal Topics: Care Proceedings, Fact Finding, Child Sexual Abuse, Threshold Criteria, Evidence Assessment

Family Law Child Protection Care Proceedings Fact Finding Child Sexual Abuse Threshold Criteria Evidence Assessment

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Full judgment text Downloadable case file Legal principles 5 Authorities cited 7 Party arguments 2 Amounts and remedies 1

Parties

First Appellant (intervenor)

Mother

Second Appellant

Local Authority

First Respondent

Father

Second Respondent

Children's Guardian

Third and Fourth Respondents

Procedural Posture

Appeal / Judgment

Legal Issues

1 Whether the judge's findings of fact regarding sexual abuse by CH were safe
2 Adequacy of judicial analysis of evidence
3 Compliance with Achieving Best Evidence (ABE) guidance

Ratio Decidendi

Court Disposition

Appeal allowed in part

Orders

Finding 3 set aside
Finding 4 stands