A Local Authority v M & Ors

A Local Authority v M & Ors

The court was not satisfied on the balance of probabilities that SF sexually abused A. The judge found that A’s allegations were more likely the result of adult influence, suggestibility, and the circumstances of her care and questioning, rather than actual abuse. The evidence was undermined by the context of parental dispute, repeated questioning, lack of compliance with ABE guidelines, and absence of corroborative medical or behavioural evidence.

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
11 October 2024
Procedural Posture
Conjoined Public and Private Law Children Proceedings (fact Finding Hearing) / Fact Finding Judgment After Rehearing Following Appeal
Outcome
All allegations of sexual abuse against SF not proved; findings sought by the local authority are not made.
Legal Topics
Fact Finding Hearing, Sexual Abuse Allegations, Child Evidence, Parental Dispute, Application of ABE Guidelines
Family Law Child Protection Fact Finding Hearing Sexual Abuse Allegations Child Evidence Parental Dispute Application of ABE Guidelines

Case Brief

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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

Conjoined Public and Private Law Children Proceedings (fact Finding Hearing) / Fact Finding Judgment After Rehearing Following Appeal

Legal Issues

  1. 1 Whether SF sexually abused A by penetration or touching between March and December 2020
  2. 2 Whether A's allegations were reliable or the result of adult influence
  3. 3 Whether the conduct of the parents or professionals affected the reliability of A's evidence

Ratio Decidendi

The court was not satisfied on the balance of probabilities that SF sexually abused A. The judge found that A’s allegations were more likely the result of adult influence, suggestibility, and the circumstances of her care and questioning, rather than actual abuse. The evidence was undermined by the context of parental dispute, repeated questioning, lack of compliance with ABE guidelines, and absence of corroborative medical or behavioural evidence.

Court Disposition

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

Orders

  • No findings of sexual abuse against SF.
  • Further directions in care proceedings to be determined after submissions.