D, E, and F (Children) (The Children Act 1989), Re

D, E, and F (Children) (The Children Act 1989), Re

The local authority failed to discharge the burden of proof on the balance of probabilities that the children contracted gonorrhoea as a result of sexual abuse or unreasonable parental care. The evidence, including expert opinion, established that non-sexual transmission, though rare, was possible in the family context. There was no corroborative evidence of sexual abuse, no physical signs, no allegations by the children, and the wider social and environmental context indicated good parental care. Accordingly, the threshold criteria under s.31(2) Children Act 1989 were not met.

Parties
Applicant: A local authority; 1st Respondent: J; 2nd Respondent: K; 3rd to 5th Respondents: D, E, and F (Children)
Jurisdiction
England and Wales
Judgment Date
17 June 2025
Procedural Posture
Care Proceedings / Fact Finding Judgment
Outcome
Threshold not met; allegations not proved.
Legal Topics
Care Proceedings, Sexual Abuse Allegations, Non Sexual Transmission of Infection, Threshold Criteria Under Children Act 1989
Family Law Child Protection Care Proceedings Sexual Abuse Allegations Non Sexual Transmission of Infection Threshold Criteria Under Children Act 1989

Case Brief

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Parties

A local authority

Applicant

J

1st Respondent

K

2nd Respondent

D, E, and F (Children)

3rd to 5th Respondents

Procedural Posture

Care Proceedings / Fact Finding Judgment

Legal Issues

  1. 1 Whether the children contracted gonorrhoea through sexual abuse or non-sexual transmission
  2. 2 Whether threshold criteria under s.31(2) Children Act 1989 are met
  3. 3 Identification of possible perpetrators

Ratio Decidendi

The local authority failed to discharge the burden of proof on the balance of probabilities that the children contracted gonorrhoea as a result of sexual abuse or unreasonable parental care. The evidence, including expert opinion, established that non-sexual transmission, though rare, was possible in the family context. There was no corroborative evidence of sexual abuse, no physical signs, no allegations by the children, and the wider social and environmental context indicated good parental care. Accordingly, the threshold criteria under s.31(2) Children Act 1989 were not met.

Court Disposition

Threshold not met; allegations not proved.

Orders

  • No findings of sexual abuse or unreasonable parental care against mother or father.
  • Interim care orders to be discharged.