AA & 25 Ors (Children) (Rev 2) [2019] EWFC 64 (16 April 2019)

AA & 25 Ors (Children) (Rev 2) [2019] EWFC 64 (16 April 2019)

The local authorities failed to prove on the balance of probabilities that the alleged sexual abuse occurred as described by the children; the evidence was unreliable due to extensive breaches of investigative guidance, lack of corroboration, and inconsistencies. Therefore, the threshold criteria for care orders were not met in respect of the majority of respondents and children, except for findings relating to the inadequate care and emotional harm suffered by the A girls prior to their removal.

Citation
[2019] EWFC 64
Parties
Applicant Local Authority: VBC; Respondent: AGM; Respondent: AGF; Respondent: AM; Respondent: AF; Children (subjects of Proceedings): AA, AB, AC; Respondent: BM; Respondent: BF; Children (subjects of Proceedings): BA, BB, IA, IB; Respondent: CM; Respondent: CF; Children (subjects of Proceedings): CB, HA, HB; Respondent: DM; Respondent: DF; Children (subjects of Proceedings): DA, DB, EA, EB, EC, FA; Respondent: EM; Respondent: EF; Respondent: FF; Respondent: FPG; Respondent (in Person): FPA; Applicant Local Authority: XBC; Respondent: GM; Respondent: GF; Child (subject of Proceedings): GA; Respondent: GSM; Respondent: HF; Respondent: IM; Respondent: IF; Respondent: JM; Respondent: JF; Children (subjects of Proceedings): JA, JB; Respondent (in Person): JPG; Applicant Local Authority: YMBC; Respondent: LM; Respondent: LF; Children (subjects of Proceedings): LA, LB; Respondent: MM; Respondent: MF; Respondent (in Person): JMA; Child (subject of Proceedings): MA; Applicant Local Authority: ZMBC; Respondent: NM; Children (subjects of Proceedings): NB, OB; Respondent: OM; Respondent: OF
Jurisdiction
England and Wales
Judgment Date
16 April 2019
Procedural Posture
Care Proceedings (children Act 1989 S.31) / Final Fact Finding Judgment
Outcome
Majority of allegations not proved; threshold criteria not met for most respondents; findings of inadequate care and emotional harm for A girls only.
Legal Topics
Care Proceedings, Threshold Criteria, Sexual Abuse Allegations, Fact Finding, Children Act 1989 S.31, Vulnerable Witnesses, Article 6 ECHR, Special Guardianship
Family Law Child Protection Care Proceedings Threshold Criteria Sexual Abuse Allegations Fact Finding Children Act 1989 S.31 Vulnerable Witnesses +2 more

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Parties

VBC

Applicant Local Authority

AGM

Respondent

AGF

Respondent

AM

Respondent

AF

Respondent

AA, AB, AC

Children (subjects of Proceedings)

BM

Respondent

BF

Respondent

BA, BB, IA, IB

Children (subjects of Proceedings)

CM

Respondent

CF

Respondent

CB, HA, HB

Children (subjects of Proceedings)

DM

Respondent

DF

Respondent

DA, DB, EA, EB, EC, FA

Children (subjects of Proceedings)

EM

Respondent

EF

Respondent

FF

Respondent

FPG

Respondent

FPA

Respondent (in Person)

XBC

Applicant Local Authority

GM

Respondent

GF

Respondent

GA

Child (subject of Proceedings)

GSM

Respondent

HF

Respondent

IM

Respondent

IF

Respondent

JM

Respondent

JF

Respondent

JA, JB

Children (subjects of Proceedings)

JPG

Respondent (in Person)

YMBC

Applicant Local Authority

LM

Respondent

LF

Respondent

LA, LB

Children (subjects of Proceedings)

MM

Respondent

MF

Respondent

JMA

Respondent (in Person)

MA

Child (subject of Proceedings)

ZMBC

Applicant Local Authority

NM

Respondent

NB, OB

Children (subjects of Proceedings)

OM

Respondent

OF

Respondent

Procedural Posture

Care Proceedings (children Act 1989 S.31) / Final Fact Finding Judgment

Legal Issues

  1. 1 Whether the threshold criteria under s.31(2) Children Act 1989 are met for the children involved
  2. 2 Whether sexual abuse occurred to AA, AB, AC and if so, by whom
  3. 3 Whether other children are at risk of significant harm

Ratio Decidendi

The local authorities failed to prove on the balance of probabilities that the alleged sexual abuse occurred as described by the children; the evidence was unreliable due to extensive breaches of investigative guidance, lack of corroboration, and inconsistencies. Therefore, the threshold criteria for care orders were not met in respect of the majority of respondents and children, except for findings relating to the inadequate care and emotional harm suffered by the A girls prior to their removal.

Court Disposition

Majority of allegations not proved; threshold criteria not met for most respondents; findings of inadequate care and emotional harm for A girls only.

Orders

  • Care orders refused for most children and respondents.
  • Findings of emotional harm and inadequate care made in respect of AA, AB, AC.