A and B (Children : Fact-finding) [2020] EWFC B84 (29 October 2020)

A and B (Children : Fact-finding) [2020] EWFC B84 (29 October 2020)

The court found, on the balance of probabilities, that father sexually abused child A, raped and sexually assaulted SD and SG, exposed child A to indecent acts and pornography, manipulated child A to keep abuse secret, and posed a risk of sexual and emotional harm to child B. The mother breached the working agreement and failed to protect child A by leaving her alone with father.

Citation
[2020] EWFC B84
Parties
Applicant: A Local Authority; First Respondent: Mother; Second Respondent: Father; Third Respondent: Child A; Fourth Respondent: Child B
Jurisdiction
England and Wales
Judgment Date
29 October 2020
Procedural Posture
Children Act 1989 Fact Finding Application / Judgment After Trial
Outcome
Findings of fact made against father for sexual abuse and against mother for failure to protect.
Legal Topics
Sexual Abuse, Failure to Protect, Fact Finding, Risk Assessment, Safeguarding, Working Agreement Breach
Family Law Child Protection Sexual Abuse Failure to Protect Fact Finding Risk Assessment Safeguarding Working Agreement Breach

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Parties

A Local Authority

Applicant

Mother

First Respondent

Father

Second Respondent

Child A

Third Respondent

Child B

Fourth Respondent

Procedural Posture

Children Act 1989 Fact Finding Application / Judgment After Trial

Legal Issues

  1. 1 Whether father raped and sexually assaulted SD and SG
  2. 2 Whether father sexually abused child A
  3. 3 Whether father exposed child A to indecent acts and pornography

Ratio Decidendi

The court found, on the balance of probabilities, that father sexually abused child A, raped and sexually assaulted SD and SG, exposed child A to indecent acts and pornography, manipulated child A to keep abuse secret, and posed a risk of sexual and emotional harm to child B. The mother breached the working agreement and failed to protect child A by leaving her alone with father.

Court Disposition

Findings of fact made against father for sexual abuse and against mother for failure to protect.

Orders

  • Sexual Harm Prevention Order against father granted
  • Children to remain in care of mother