EF, GH, IJ (care proceedings) [2019] EWFC 75 (06 December 2019)

EF, GH, IJ (care proceedings) [2019] EWFC 75 (06 December 2019)

The court found that the ABE interviews were excessively numerous, lengthy, and procedurally flawed, resulting in unreliable and unsafe evidence. The children's accounts were inconsistent, subject to retraction, exaggeration, and possible contamination. The threshold criteria under s31(2) Children Act 1989 were not met on the facts as alleged. The allegations of physical and sexual abuse by the father and paternal family members were not proved to the requisite standard.

Citation
[2019] EWFC 75
Parties
Applicant: A Local Authority; 1st Respondent (mother): AB; 2nd Respondent (father): CD; 3rd Respondent (child): EF; 4th Respondent (child): GH; 5th Respondent (child): IJ; 1st Intervener (paternal Grandparent): KL; 2nd Intervener (paternal Grandparent): MN; 3rd Intervener (paternal Uncle): OP
Jurisdiction
England and Wales
Judgment Date
06 December 2019
Procedural Posture
Care Proceedings (public Law) / Fact Finding Hearing
Outcome
Allegations of physical and sexual abuse not proved; threshold criteria not met.
Legal Topics
Care Proceedings, Threshold Criteria, Child Abuse Allegations, Fact Finding, Children Act 1989 S31, ABE Interviews, Evidential Reliability
Family Law Child Protection Care Proceedings Threshold Criteria Child Abuse Allegations Fact Finding Children Act 1989 S31 ABE Interviews +1 more

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Parties

A Local Authority

Applicant

AB

1st Respondent (mother)

CD

2nd Respondent (father)

EF

3rd Respondent (child)

GH

4th Respondent (child)

IJ

5th Respondent (child)

KL

1st Intervener (paternal Grandparent)

MN

2nd Intervener (paternal Grandparent)

OP

3rd Intervener (paternal Uncle)

Procedural Posture

Care Proceedings (public Law) / Fact Finding Hearing

Legal Issues

  1. 1 Whether threshold criteria under s31(2) Children Act 1989 are met
  2. 2 Whether allegations of physical and sexual abuse by father and paternal family are proved
  3. 3 Reliability and admissibility of ABE interviews and children's evidence

Ratio Decidendi

The court found that the ABE interviews were excessively numerous, lengthy, and procedurally flawed, resulting in unreliable and unsafe evidence. The children's accounts were inconsistent, subject to retraction, exaggeration, and possible contamination. The threshold criteria under s31(2) Children Act 1989 were not met on the facts as alleged. The allegations of physical and sexual abuse by the father and paternal family members were not proved to the requisite standard.

Court Disposition

Allegations of physical and sexual abuse not proved; threshold criteria not met.

Orders

  • No findings of abuse made against the father or paternal family members.
  • Care proceedings not justified on the facts found.