A Local Authority v C & Ors [2012] EWHC 1975 (Fam) (01 June 2012)

A Local Authority v C & Ors [2012] EWHC 1975 (Fam) (01 June 2012)

On the balance of probability, A suffered a laceration to her hymen at the 6 o'clock position in September 2009, consistent with vaginal penetrative sexual abuse. The combination of injuries and medical evidence, including the transection observed in December 2011, constitutes strong evidence of sexual assault. The father's undisclosed convictions and cannabis use undermine his credibility. The mother failed to protect A and did not act openly and honestly with professionals.

Citation
[2012] EWHC 1975 (Fam)
Parties
Applicant: A Local Authority; 1st Respondent: C; 2nd Respondent: D; 3rd & 4th Respondents: A & B (by their Children's Guardian)
Jurisdiction
England and Wales
Judgment Date
01 June 2012
Procedural Posture
Care Proceedings / Re Hearing Following Fresh Evidence
Outcome
Findings revised; sexual abuse by the father established; mother failed to protect; children not to be rehabilitated home.
Legal Topics
Sexual Abuse, Child Welfare, Credibility of Witnesses, Medical Evidence, Disclosure Obligations
Family Law Child Protection Sexual Abuse Child Welfare Credibility of Witnesses Medical Evidence Disclosure Obligations

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Parties

A Local Authority

Applicant

C

1st Respondent

D

2nd Respondent

A & B (by their Children's Guardian)

3rd & 4th Respondents

Procedural Posture

Care Proceedings / Re Hearing Following Fresh Evidence

Legal Issues

  1. 1 Whether A suffered a laceration to her hymen in September 2009
  2. 2 Whether injuries were caused by sexual abuse by the father
  3. 3 Whether the mother failed to protect A

Ratio Decidendi

On the balance of probability, A suffered a laceration to her hymen at the 6 o'clock position in September 2009, consistent with vaginal penetrative sexual abuse. The combination of injuries and medical evidence, including the transection observed in December 2011, constitutes strong evidence of sexual assault. The father's undisclosed convictions and cannabis use undermine his credibility. The mother failed to protect A and did not act openly and honestly with professionals.

Court Disposition

Findings revised; sexual abuse by the father established; mother failed to protect; children not to be rehabilitated home.

Orders

  • Children remain in foster care; no rehabilitation to parents.
  • Local Authority to continue care plan for adoption.