A Council v Mother of CA & Ors [2023] EWFC 274 (B) (21 December 2023)

A Council v Mother of CA & Ors [2023] EWFC 274 (B) (21 December 2023)

The court found, on the balance of probabilities, that F assaulted MB in October 2021 in the presence of the children, that MB physically assaulted CA prior to January 2020 and in mid-January 2023, that F slapped CA on 26 February 2023, and that MB sexually abused CA in spring 2019. The court did not find proved the...

Source-derived case information.

Citation
[2023] EWFC 274 (B)
Parties
Applicant: A Council; First Respondent: Mother of CA (MA); Second Respondent: Father (F); Third Respondent: Mother of CB (MB); Fourth to Fifth Respondent: The Children (CA and CB)
Jurisdiction
England and Wales
Judgment Date
21 December 2023
Procedural Posture
Care Proceedings (public Law) / Fact Finding Judgment
Outcome
Findings of fact made in part; threshold for significant harm met in respect of CA; further welfare proceedings to follow.
Legal Topics
Care Proceedings, Fact Finding, Physical Abuse, Sexual Abuse, Domestic Violence, Credibility Assessment, Hearsay Evidence
Family Law Child Protection Care Proceedings Fact Finding Physical Abuse Sexual Abuse Domestic Violence Credibility Assessment +1 more

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Summary, issues, holding and outcome

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Parties

A Council

Applicant

Mother of CA (MA)

First Respondent

Father (F)

Second Respondent

Mother of CB (MB)

Third Respondent

The Children (CA and CB)

Fourth to Fifth Respondent

Procedural Posture

Care Proceedings (public Law) / Fact Finding Judgment

Legal Issues

  1. 1 Whether the threshold for significant harm under s.31 Children Act 1989 is met in respect of CA and CB
  2. 2 Whether allegations of physical and sexual abuse by parents against CA are proved on the balance of probabilities
  3. 3 Assessment of credibility of child and adult witnesses in the context of family proceedings

Ratio Decidendi

The court found, on the balance of probabilities, that F assaulted MB in October 2021 in the presence of the children, that MB physically assaulted CA prior to January 2020 and in mid-January 2023, that F slapped CA on 26 February 2023, and that MB sexually abused CA in spring 2019. The court did not find proved the allegations of regular physical or verbal abuse, or threats by MB to CA. The findings were based on the consistency of CA's core allegations, corroborative medical and contemporaneous evidence, and careful assessment of credibility, notwithstanding some exaggerations and admitted lies by CA on peripheral matters.

Court Disposition

Findings of fact made in part; threshold for significant harm met in respect of CA; further welfare proceedings to follow.

Orders

  • Findings of physical and sexual abuse by F and MB against CA as specified.
  • CA to remain in foster care under Interim Care Order.