R, S and T (Children), Re [2019] EWFC B86 (16 May 2019)

R, S and T (Children), Re [2019] EWFC B86 (16 May 2019)

The court found R's accounts credible, noting his inability to fabricate such matters, the lack of contradictory evidence from the mother, and non-engagement by the father and Z. The context of previous findings of familial sexual abuse and lack of sexual boundaries supported the plausibility of the additional allegations. The court found the additional allegations proved on the balance of probability.

Citation
[2019] EWFC B86
Parties
Applicant: A Local Authority; First Respondent: The Mother; Second to Fourth Respondents: R, S and T (Children acting through their children’s guardian)
Jurisdiction
England and Wales
Judgment Date
16 May 2019
Procedural Posture
Family Law Child Protection / Addendum Fact Finding Judgment
Outcome
Additional allegations proved on the balance of probability.
Legal Topics
Sexual Abuse, Fact Finding, Care Proceedings, Anonymity Orders
Family Law Child Protection Sexual Abuse Fact Finding Care Proceedings Anonymity Orders

Case Brief

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Parties

A Local Authority

Applicant

The Mother

First Respondent

R, S and T (Children acting through their children’s guardian)

Second to Fourth Respondents

Procedural Posture

Family Law Child Protection / Addendum Fact Finding Judgment

Legal Issues

  1. 1 Whether additional allegations of sexual abuse and presence of other family members during abuse are proved on the balance of probability

Ratio Decidendi

The court found R's accounts credible, noting his inability to fabricate such matters, the lack of contradictory evidence from the mother, and non-engagement by the father and Z. The context of previous findings of familial sexual abuse and lack of sexual boundaries supported the plausibility of the additional allegations. The court found the additional allegations proved on the balance of probability.

Court Disposition

Additional allegations proved on the balance of probability.

Orders

  • Anonymity of the children and family members must be strictly preserved in any published version of the judgment.