V (A Child): Fact-Finding [2015] EWFC 14 (02 February 2015)

V (A Child): Fact-Finding [2015] EWFC 14 (02 February 2015)

The court found that Mr A inflicted the physical injuries on L V, the mother unreasonably failed to protect L V and seek medical treatment, and that L V was sexually abused by vaginal and anal penetration, but the perpetrator of the sexual abuse could not be identified due to the wide pool of possible perpetrators. The findings were made on the balance of probabilities based on medical and factual evidence.

Citation
[2015] EWFC 14
Parties
Applicant Local Authority: Manchester City Council; Respondent Mother: Mother of L V; Subject Child: L V (A Child); Respondent/alleged Perpetrator: Mr A
Jurisdiction
England and Wales
Judgment Date
02 February 2015
Procedural Posture
Care Proceedings (public Law) / Fact Finding Judgment
Outcome
Findings of fact made as sought by the Local Authority; case adjourned for final welfare hearing.
Legal Topics
Care Orders, Child Abuse (physical and Sexual), Threshold Criteria, Parental Responsibility, Jurisdiction (habitual Residence)
Family Law Child Protection Care Orders Child Abuse (physical and Sexual) Threshold Criteria Parental Responsibility Jurisdiction (habitual Residence)

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Parties

Manchester City Council

Applicant Local Authority

Mother of L V

Respondent Mother

L V (A Child)

Subject Child

Mr A

Respondent/alleged Perpetrator

Procedural Posture

Care Proceedings (public Law) / Fact Finding Judgment

Legal Issues

  1. 1 Whether L V suffered inflicted physical injuries and sexual abuse
  2. 2 Identification of perpetrator(s) of injuries and abuse
  3. 3 Whether the mother failed to protect L V from harm

Ratio Decidendi

The court found that Mr A inflicted the physical injuries on L V, the mother unreasonably failed to protect L V and seek medical treatment, and that L V was sexually abused by vaginal and anal penetration, but the perpetrator of the sexual abuse could not be identified due to the wide pool of possible perpetrators. The findings were made on the balance of probabilities based on medical and factual evidence.

Court Disposition

Findings of fact made as sought by the Local Authority; case adjourned for final welfare hearing.

Orders

  • Local Authority to complete assessment of the mother by 31 March.
  • Mother to file final evidence after assessment.