F (Fact Finding Sexual Abuse 2018), Re [2018] EWFC B59 (20 March 2018)

F (Fact Finding Sexual Abuse 2018), Re [2018] EWFC B59 (20 March 2018)

The court found, on the balance of probabilities and based on credible evidence, that MGF perpetrated sexual abuse against SM and DF, that M and F1 engaged in domestic and physical abuse, and that MGM failed to protect her children and grandchildren, prioritizing loyalty to MGF over their welfare. The court determined that the social worker's conduct was flawed and that A suffered emotional harm due to disbelief and improper procedures.

Citation
[2018] EWFC B59
Parties
Mother: M; Father of G, Mm, R: F1; Father of a: F2; Maternal Grandfather: MGF; Maternal Grandmother: MGM; Child: A; Child: G; Child: MM; Child: R; Children's Advocate: Mr Ainsley; Children's Guardian: Vanessa Bell; Children's Social Worker: CG
Jurisdiction
England and Wales
Judgment Date
20 March 2018
Procedural Posture
Care Proceedings / Fact Finding Hearing
Outcome
Findings made against M, F1, MGF, and MGM as sought by the local authority; court orders for further assessment and change in social worker allocation.
Legal Topics
Domestic Abuse, Physical Abuse, Sexual Abuse, Child Welfare, Fact Finding, Social Worker Conduct
Family Law Child Protection Domestic Abuse Physical Abuse Sexual Abuse Child Welfare Fact Finding Social Worker Conduct

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Parties

M

Mother

F1

Father of G, Mm, R

F2

Father of a

MGF

Maternal Grandfather

MGM

Maternal Grandmother

A

Child

G

Child

MM

Child

R

Child

Mr Ainsley

Children's Advocate

Vanessa Bell

Children's Guardian

CG

Children's Social Worker

Procedural Posture

Care Proceedings / Fact Finding Hearing

Legal Issues

  1. 1 Whether M, F1, MGF, and MGM perpetrated or failed to protect from domestic, physical, and sexual abuse
  2. 2 Credibility of witnesses and reliability of evidence
  3. 3 Appropriateness of social worker conduct and procedures

Ratio Decidendi

The court found, on the balance of probabilities and based on credible evidence, that MGF perpetrated sexual abuse against SM and DF, that M and F1 engaged in domestic and physical abuse, and that MGM failed to protect her children and grandchildren, prioritizing loyalty to MGF over their welfare. The court determined that the social worker's conduct was flawed and that A suffered emotional harm due to disbelief and improper procedures.

Court Disposition

Findings made against M, F1, MGF, and MGM as sought by the local authority; court orders for further assessment and change in social worker allocation.

Orders

  • Appointment of a more senior social worker to co-work the case and carry out sibling attachment assessment.
  • Independent Social Worker to assess M.