A, B, C and D (Children),Re

A, B, C and D (Children),Re

The court found X committed serious sexual abuse against A and, on balance, E. The mother did not actually know but ought to have known of the abuse and failed to protect the children due to a fundamental lack of awareness of sexual risk. She also failed to prevent unauthorised and unsupervised contact after X's arrest. Z, while less culpable, failed to take proactive steps to protect after joining the household. The local authority also failed in its duties, particularly in approving XX as a supervisor. Findings of neglect were made but were not the primary basis for intervention.

Parties
Applicant: A Local Authority; First Respondent: A Mother; Second Respondent: Z; Third to Sixth Respondents: A, B, C and D (Children); Seventh Respondent: X
Jurisdiction
England and Wales
Judgment Date
28 July 2017
Procedural Posture
Care Proceedings (children Act 1989) / Fact Finding Judgment
Outcome
Findings of fact made against X, the mother, and Z; threshold for care order met.
Legal Topics
Care Orders, Sexual Abuse, Neglect, Failure to Protect, Threshold Criteria, Parental Responsibility
Family Law Child Protection Care Orders Sexual Abuse Neglect Failure to Protect Threshold Criteria Parental Responsibility

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Parties

A Local Authority

Applicant

A Mother

First Respondent

Z

Second Respondent

A, B, C and D (Children)

Third to Sixth Respondents

X

Seventh Respondent

Procedural Posture

Care Proceedings (children Act 1989) / Fact Finding Judgment

Legal Issues

  1. 1 Whether X sexually abused A, E, and possibly C
  2. 2 Whether the mother knew or ought to have known of the abuse
  3. 3 Whether the mother failed to protect the children from sexual and physical harm

Ratio Decidendi

The court found X committed serious sexual abuse against A and, on balance, E. The mother did not actually know but ought to have known of the abuse and failed to protect the children due to a fundamental lack of awareness of sexual risk. She also failed to prevent unauthorised and unsupervised contact after X's arrest. Z, while less culpable, failed to take proactive steps to protect after joining the household. The local authority also failed in its duties, particularly in approving XX as a supervisor. Findings of neglect were made but were not the primary basis for intervention.

Court Disposition

Findings of fact made against X, the mother, and Z; threshold for care order met.

Orders

  • Findings of sexual abuse by X against A and E
  • Finding that the mother ought to have known and failed to protect