Y and E (Children) (Sexual Abuse Allegations), Re

Y and E (Children) (Sexual Abuse Allegations), Re

The appellate court held that, despite procedural deficiencies in the ABE interviews and some omissions in the trial judgment, the trial judge was entitled to make the findings of sexual abuse based on the totality of the evidence, including the compelling detail in the child’s accounts and the credibility assessments of the parties. The deficiencies did not render the findings unsafe, and the appellate court would not interfere with the trial judge’s factual determinations.

Parties
Appellant: A Father; Respondent: A Local Authority; Respondent: Y’s Mother; Respondent: E’s Mother; Respondent: Y (by their children’s guardian); Respondent: E (by their children’s guardian); Respondent: Y’s Maternal Grandmother
Jurisdiction
England and Wales
Judgment Date
21 February 2019
Procedural Posture
Appeal (care Proceedings) / Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Sexual Abuse Allegations, Standard of Proof, Care Proceedings, Children Act 1989, Fact Finding Hearings
Family Law Child Protection Sexual Abuse Allegations Standard of Proof Care Proceedings Children Act 1989 Fact Finding Hearings

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 11 Party arguments 2
Sign in to unlock

Parties

A Father

Appellant

A Local Authority

Respondent

Y’s Mother

Respondent

E’s Mother

Respondent

Y (by their children’s guardian)

Respondent

E (by their children’s guardian)

Respondent

Y’s Maternal Grandmother

Respondent

Procedural Posture

Appeal (care Proceedings) / Appeal Judgment

Legal Issues

  1. 1 Whether the trial judge erred in law or fact in making findings of sexual abuse against the appellant father
  2. 2 Whether procedural irregularities in the ABE (Achieving Best Evidence) interviews rendered the findings unsafe
  3. 3 Whether the judge failed to properly analyse and weigh the evidence, including prior social work reports and allegations of coaching

Ratio Decidendi

The appellate court held that, despite procedural deficiencies in the ABE interviews and some omissions in the trial judgment, the trial judge was entitled to make the findings of sexual abuse based on the totality of the evidence, including the compelling detail in the child’s accounts and the credibility assessments of the parties. The deficiencies did not render the findings unsafe, and the appellate court would not interfere with the trial judge’s factual determinations.

Court Disposition

Appeal dismissed

Orders

  • Findings of sexual abuse against the appellant father upheld
  • No order as to costs specified