In the Matter of V (A Child): Fact-Finding

In the Matter of V (A Child): Fact-Finding

The court found that Mr A caused the physical injuries to LV, the mother unreasonably failed to protect her, and LV suffered penetrative sexual abuse, but the perpetrator of the sexual abuse could not be identified. The threshold for a care order was met. The case should continue in the English court as LV was habitually resident in England at the relevant time.

Parties
Applicant Local Authority: Manchester City Council; Subject Child: LV (a child); Respondent Mother: Mother of LV; Respondent/alleged Perpetrator: Mr A; Guardian: Children's Guardian
Jurisdiction
England and Wales
Judgment Date
02 February 2015
Procedural Posture
Care Proceedings (child Protection) / Fact Finding Judgment
Outcome
Findings of fact made as sought by the Local Authority; case to proceed to final welfare hearing.
Legal Topics
Care Orders, Physical Abuse, Sexual Abuse, Neglect, Threshold Criteria, Habitual Residence, Jurisdiction
Family Law Child Protection Care Orders Physical Abuse Sexual Abuse Neglect Threshold Criteria Habitual Residence +1 more

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Parties

Manchester City Council

Applicant Local Authority

LV (a child)

Subject Child

Mother of LV

Respondent Mother

Mr A

Respondent/alleged Perpetrator

Children's Guardian

Guardian

Procedural Posture

Care Proceedings (child Protection) / Fact Finding Judgment

Legal Issues

  1. 1 Whether LV suffered physical and sexual abuse
  2. 2 Who perpetrated the physical and sexual abuse
  3. 3 Whether the mother failed to protect LV

Ratio Decidendi

The court found that Mr A caused the physical injuries to LV, the mother unreasonably failed to protect her, and LV suffered penetrative sexual abuse, but the perpetrator of the sexual abuse could not be identified. The threshold for a care order was met. The case should continue in the English court as LV was habitually resident in England at the relevant time.

Court Disposition

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

Orders

  • Findings that Mr A caused the physical injuries to LV
  • Findings that the mother unreasonably failed to protect LV