A Local Authority v AB & Ors [2025] EWFC 406 (B) (08 May 2025)

A Local Authority v AB & Ors [2025] EWFC 406 (B) (08 May 2025)

The court found, on the balance of probabilities, that CD sexually abused Lara over a period of years, supported by consistent and credible evidence from Lara, corroborated by pornography searches on CD's devices and the context of opportunity. The court also found that AB initially failed to recognise and respond to the risks posed by CD, as evidenced by her statements and actions, but did not make the further finding sought by the Local Authority regarding her ongoing inability to assess risk. The threshold criteria for a care order were met.

Citation
[2025] EWFC 406 (B)
Parties
Applicant: A Local Authority; First Respondent (mother): AB; Second Respondent (father): CD; Third Respondent (child): Child A (via Children's Guardian)
Jurisdiction
England and Wales
Judgment Date
08 May 2025
Procedural Posture
Care Proceedings (children Act 1989) / Fact Finding Judgment
Outcome
Findings of fact made as pleaded by the Local Authority; threshold criteria met for care order.
Legal Topics
Care Orders, Sexual Abuse Allegations, Threshold Criteria, Parental Responsibility, Risk Assessment
Family Law Child Protection Care Orders Sexual Abuse Allegations Threshold Criteria Parental Responsibility Risk Assessment

Case Brief

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Parties

A Local Authority

Applicant

AB

First Respondent (mother)

CD

Second Respondent (father)

Child A (via Children's Guardian)

Third Respondent (child)

Procedural Posture

Care Proceedings (children Act 1989) / Fact Finding Judgment

Legal Issues

  1. 1 Whether CD sexually abused his stepdaughter Lara
  2. 2 Whether AB failed to protect Child A from risk of sexual harm
  3. 3 Whether threshold criteria for a care order are met

Ratio Decidendi

The court found, on the balance of probabilities, that CD sexually abused Lara over a period of years, supported by consistent and credible evidence from Lara, corroborated by pornography searches on CD's devices and the context of opportunity. The court also found that AB initially failed to recognise and respond to the risks posed by CD, as evidenced by her statements and actions, but did not make the further finding sought by the Local Authority regarding her ongoing inability to assess risk. The threshold criteria for a care order were met.

Court Disposition

Findings of fact made as pleaded by the Local Authority; threshold criteria met for care order.

Orders

  • Findings as pleaded in the original and unamended threshold document are made against CD and AB.
  • No amendment to the threshold document as sought by the Local Authority and Guardian.