A Council v M & Ors

A Council v M & Ors

The court found, on the balance of probabilities, that D sexually abused A, K, and G as alleged, and that the mother’s response to A’s allegations caused significant emotional harm. The threshold for public law intervention was crossed. The court ordered Supervision Orders for all children, finding this to be the least interventionist and proportionate response, with A to live with her father and the younger children to remain with their mother.

Parties
Applicant: A Council; Respondent (mother): M; Respondent (father of A, X, Y): B; Respondent (father of Z): D; Respondent (child): A (the child, separately represented); Respondent (children): C (the children via their Guardian)
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Care Proceedings (children Act 1989, Part Iv) / Final Judgment After Fact Finding and Welfare Hearing
Outcome
Findings of sexual abuse and emotional harm made; Supervision Orders granted; A to live with her father; younger children to remain with mother.
Legal Topics
Sexual Abuse, Emotional Harm, Care Orders, Supervision Orders, Parental Responsibility, Threshold Criteria, Welfare of the Child
Family Law Child Protection Sexual Abuse Emotional Harm Care Orders Supervision Orders Parental Responsibility Threshold Criteria +1 more

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Parties

A Council

Applicant

M

Respondent (mother)

B

Respondent (father of A, X, Y)

D

Respondent (father of Z)

A (the child, separately represented)

Respondent (child)

C (the children via their Guardian)

Respondent (children)

Procedural Posture

Care Proceedings (children Act 1989, Part Iv) / Final Judgment After Fact Finding and Welfare Hearing

Legal Issues

  1. 1 Whether D sexually abused A, K, and G
  2. 2 Whether the mother’s response to A’s allegations caused emotional harm
  3. 3 Whether the children suffered or were likely to suffer significant harm attributable to parental care

Ratio Decidendi

The court found, on the balance of probabilities, that D sexually abused A, K, and G as alleged, and that the mother’s response to A’s allegations caused significant emotional harm. The threshold for public law intervention was crossed. The court ordered Supervision Orders for all children, finding this to be the least interventionist and proportionate response, with A to live with her father and the younger children to remain with their mother.

Court Disposition

Findings of sexual abuse and emotional harm made; Supervision Orders granted; A to live with her father; younger children to remain with mother.

Orders

  • Supervision Orders for all children, with provision for extension if necessary
  • A to live with her father, contact with mother as agreed