A Local Authority v M & Ors [2024] EWFC 35 (28 February 2024)

A Local Authority v M & Ors [2024] EWFC 35 (28 February 2024)

The court was not satisfied on the balance of probabilities that SF sexually abused A. The evidence did not support the allegations; A's accounts were unreliable, likely influenced by adult perceptions and the surrounding circumstances, not spontaneous or corroborated by independent evidence.

Citation
[2024] EWFC 35
Parties
Applicant: A Local Authority; 1st Respondent: M; 2nd Respondent: SF; 3rd & 4th Respondents: O and A (by her children's guardian, Adele Stanbridge); 5th Respondent: F; Intervener: SM
Jurisdiction
England and Wales
Judgment Date
28 February 2024
Procedural Posture
Family (public and Private Law, Fact Finding) / Fact Finding Hearing After Remittal From Court of Appeal
Outcome
All allegations of sexual abuse against SF not proved; findings sought by the local authority not made.
Legal Topics
Fact Finding Hearing, Sexual Abuse Allegations, Evidence of Children, Achieving Best Evidence (abe) Guidelines, Parental Dispute, Vulnerable Witnesses
Family Law Child Protection Fact Finding Hearing Sexual Abuse Allegations Evidence of Children Achieving Best Evidence (abe) Guidelines Parental Dispute Vulnerable Witnesses

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Parties

A Local Authority

Applicant

M

1st Respondent

SF

2nd Respondent

O and A (by her children's guardian, Adele Stanbridge)

3rd & 4th Respondents

F

5th Respondent

SM

Intervener

Procedural Posture

Family (public and Private Law, Fact Finding) / Fact Finding Hearing After Remittal From Court of Appeal

Legal Issues

  1. 1 Whether SF sexually abused A by digital penetration or inappropriate touching
  2. 2 Whether A's allegations were reliable and spontaneous or the result of adult influence
  3. 3 Whether the father and SM coached A to make false allegations

Ratio Decidendi

The court was not satisfied on the balance of probabilities that SF sexually abused A. The evidence did not support the allegations; A's accounts were unreliable, likely influenced by adult perceptions and the surrounding circumstances, not spontaneous or corroborated by independent evidence.

Court Disposition

All allegations of sexual abuse against SF not proved; findings sought by the local authority not made.

Orders

  • No findings of sexual abuse made against SF.
  • Further submissions to be invited regarding the future of the care proceedings for A's half sibling.