A Council v B & Ors

A Council v B & Ors

Binding precedent requires that risk assessments and welfare decisions must proceed on the basis that unproven allegations of sexual abuse did not occur, and no risk exists from such allegations. Exoneration requires proof to the civil standard; inability to prove does not equate to exoneration. Instructions to experts must reflect these principles.

Parties
Applicant: A Council; Respondent: B; Respondent: R; Respondent: Guardian ad Litem; Respondent: Father
Jurisdiction
England and Wales
Judgment Date
11 December 2007
Procedural Posture
Care Proceedings / Post Threshold Findings, Directions for Welfare Assessment
Outcome
Directions issued for welfare assessment and instructions to experts; permission to appeal granted.
Legal Topics
Standard of Proof in Child Abuse Cases, Exoneration in Care Proceedings, Risk Assessment, Instructions to Experts, Appeal Procedure
Family Law Child Protection Standard of Proof in Child Abuse Cases Exoneration in Care Proceedings Risk Assessment Instructions to Experts Appeal Procedure

Case Brief

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Parties

A Council

Applicant

B

Respondent

R

Respondent

Guardian ad Litem

Respondent

Father

Respondent

Procedural Posture

Care Proceedings / Post Threshold Findings, Directions for Welfare Assessment

Legal Issues

  1. 1 Whether findings of real possibility of sexual abuse can be used for risk assessment at welfare stage
  2. 2 Test for exoneration of alleged perpetrator
  3. 3 Instructions to experts regarding unproven allegations

Ratio Decidendi

Binding precedent requires that risk assessments and welfare decisions must proceed on the basis that unproven allegations of sexual abuse did not occur, and no risk exists from such allegations. Exoneration requires proof to the civil standard; inability to prove does not equate to exoneration. Instructions to experts must reflect these principles.

Court Disposition

Directions issued for welfare assessment and instructions to experts; permission to appeal granted.

Orders

  • Assessments and welfare stage to be carried out on basis that alleged sexual abuse did not occur and no risk exists.
  • Letter of instruction to experts must include specified passage reflecting legal position on unproven allegations.