A & Ors (Child Contracting Gonorrhoea), Re

A & Ors (Child Contracting Gonorrhoea), Re

On the balance of probabilities, A contracted gonorrhoea through sexual abuse by Y over the weekend of 4 to 6 February 2022. Fomite (accidental) transmission is extremely unlikely. Y also sexually abused A with a vibrator, but this did not cause the infection. M did not participate in or facilitate the abuse but has withheld information about the events and delayed seeking medical attention for A. M is unlikely to be able to protect the children from future sexual harm. The welfare of A, B, and C requires their continued placement away from M and Y.

Parties
Applicant: A Local Authority; First Respondent: M; Second Respondent: X; Third Respondent: Y; Fourth to Sixth Respondents: A, B, and C (by their Children’s Guardian)
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Care Proceedings (public Law) / Final Judgment After Rehearing on Remittal From Court of Appeal
Outcome
Findings of sexual abuse by Y; M not a perpetrator but found to have withheld information and delayed medical care; children not to return to M's care.
Legal Topics
Sexual Abuse of Children, Transmission of Sexually Transmitted Infections, Threshold Criteria Under Children Act 1989, Fact Finding Hearings, Care and Supervision Orders, Special Guardianship Orders
Family Law Child Protection Sexual Abuse of Children Transmission of Sexually Transmitted Infections Threshold Criteria Under Children Act 1989 Fact Finding Hearings Care and Supervision Orders Special Guardianship Orders

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Parties

A Local Authority

Applicant

M

First Respondent

X

Second Respondent

Y

Third Respondent

A, B, and C (by their Children’s Guardian)

Fourth to Sixth Respondents

Procedural Posture

Care Proceedings (public Law) / Final Judgment After Rehearing on Remittal From Court of Appeal

Legal Issues

  1. 1 How did child A contract gonorrhoea?
  2. 2 Was the infection caused by sexual abuse or accidental (fomite) transmission?
  3. 3 Who was the perpetrator of any sexual abuse?

Ratio Decidendi

On the balance of probabilities, A contracted gonorrhoea through sexual abuse by Y over the weekend of 4 to 6 February 2022. Fomite (accidental) transmission is extremely unlikely. Y also sexually abused A with a vibrator, but this did not cause the infection. M did not participate in or facilitate the abuse but has withheld information about the events and delayed seeking medical attention for A. M is unlikely to be able to protect the children from future sexual harm. The welfare of A, B, and C requires their continued placement away from M and Y.

Court Disposition

Findings of sexual abuse by Y; M not a perpetrator but found to have withheld information and delayed medical care; children not to return to M's care.

Orders

  • A and B to remain with X and Z under a Supervision Order; minimum monthly contact with M and monthly sibling contact with C.
  • C to remain with Mr and Mrs D under a Special Guardianship Order; contact with M every other month and with siblings monthly.