EF, GH, IJ (care proceedings)

EF, GH, IJ (care proceedings)

The court found that the allegations of physical and sexual abuse made by the children against their father and paternal family members were not proved on the balance of probabilities. The police investigation was conducted in a grossly incompetent manner, with serial breaches of ABE guidance, rendering the children's evidence unreliable. The mother, by failing to challenge or reassure the children and by her omissions, caused them significant emotional and psychological harm, thereby satisfying the threshold criteria under s.31(2) Children Act 1989.

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 Grandfather): KL; 2nd Intervener (paternal Grandmother): 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 against the father and paternal family members not proved; threshold criteria for significant harm met due to mother's conduct.
Legal Topics
Care Proceedings, Threshold Criteria, False Allegations, Police Investigation Standards, Emotional Harm, Parental Conduct
Family Law Child Protection Care Proceedings Threshold Criteria False Allegations Police Investigation Standards Emotional Harm Parental Conduct

Case Brief

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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 Grandfather)

MN

2nd Intervener (paternal Grandmother)

OP

3rd Intervener (paternal Uncle)

Procedural Posture

Care Proceedings (public Law) / Fact Finding Hearing

Legal Issues

  1. 1 Whether allegations of physical and sexual abuse by the father and paternal family members are proved on the balance of probabilities
  2. 2 Whether the threshold criteria under s.31(2) Children Act 1989 are met
  3. 3 Whether the conduct of the mother caused significant emotional and psychological harm to the children

Ratio Decidendi

The court found that the allegations of physical and sexual abuse made by the children against their father and paternal family members were not proved on the balance of probabilities. The police investigation was conducted in a grossly incompetent manner, with serial breaches of ABE guidance, rendering the children's evidence unreliable. The mother, by failing to challenge or reassure the children and by her omissions, caused them significant emotional and psychological harm, thereby satisfying the threshold criteria under s.31(2) Children Act 1989.

Court Disposition

Allegations of physical and sexual abuse against the father and paternal family members not proved; threshold criteria for significant harm met due to mother's conduct.

Orders

  • Findings of fact: No physical or sexual abuse by father or paternal family members proved.
  • Threshold criteria under s.31(2) Children Act 1989 met due to emotional harm caused by mother.