B, C and D (Children) (Sexual Abuse and Selective Mute Complainant), Re [2025] EWFC 386 (14 November 2025)

B, C and D (Children) (Sexual Abuse and Selective Mute Complainant), Re [2025] EWFC 386 (14 November 2025)

The court found, on the balance of probabilities, that the Father sexually abused A as alleged. This conclusion was reached by considering A's consistent accounts across multiple interviews, the forensic evidence showing A's DNA on the Father's penis in quantities more likely due to sexual activity than secondary...

Source-derived case information.

Citation
[2025] EWFC 386
Parties
Applicant: A Local Authority; First Respondent: Mother; Second Respondent: Father; Third Respondent: B (by their Children's Guardian); Fourth Respondent: C (by their Children's Guardian); Fifth Respondent: D (by their Children's Guardian)
Jurisdiction
England and Wales
Judgment Date
14 November 2025
Procedural Posture
Care Proceedings (public Law) / Fact Finding Judgment
Outcome
Findings of sexual abuse proven against the Father on all three allegations.
Legal Topics
Sexual Abuse Allegations, Fact Finding Hearing, Vulnerable Witnesses, DNA Evidence, Achieving Best Evidence (abe) Guidance, Capacity and Learning Disability
Family Law Child Protection Sexual Abuse Allegations Fact Finding Hearing Vulnerable Witnesses DNA Evidence Achieving Best Evidence (abe) Guidance Capacity and Learning Disability

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Summary, issues, holding and outcome

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Parties

A Local Authority

Applicant

Mother

First Respondent

Father

Second Respondent

B (by their Children's Guardian)

Third Respondent

C (by their Children's Guardian)

Fourth Respondent

D (by their Children's Guardian)

Fifth Respondent

Procedural Posture

Care Proceedings (public Law) / Fact Finding Judgment

Legal Issues

  1. 1 Whether the Father sexually abused A as alleged
  2. 2 Reliability of A's evidence given her cognitive and communication difficulties
  3. 3 Weight to be given to forensic DNA evidence

Ratio Decidendi

The court found, on the balance of probabilities, that the Father sexually abused A as alleged. This conclusion was reached by considering A's consistent accounts across multiple interviews, the forensic evidence showing A's DNA on the Father's penis in quantities more likely due to sexual activity than secondary transfer, and the Father's incriminating internet searches. While there were breaches of ABE Guidance and A's evidence required caution due to her vulnerabilities, the totality of the evidence, including the forensic triangulation, outweighed the deficiencies in the interview process. The Father's explanations for the DNA and his conduct were unconvincing.

Court Disposition

Findings of sexual abuse proven against the Father on all three allegations.

Orders

  • The findings are to be recorded in the order.
  • Care proceedings to continue as per welfare planning for the subject children.