Bradford MDC v A Mother

Bradford MDC v A Mother

The court found R's evidence credible and consistent, T's denials unconvincing, and the parents' accounts implausible. The Local Authority proved on the balance of probabilities that T sexually abused R, the parents failed to protect R and S after being made aware, and the threshold for care orders under s.31(2) Children Act 1989 was met.

Parties
Applicant: Bradford MDC; First Respondent: A Mother; Second Respondent: A Father; Intervenor: T
Jurisdiction
England and Wales
Judgment Date
12 May 2022
Procedural Posture
Care and Supervision Proceedings (public Law, Family) / Fact Finding Judgment
Outcome
Findings of fact made in favour of the Local Authority; threshold for care orders met.
Legal Topics
Care Proceedings, Sexual Abuse Allegations, Threshold Criteria, Parental Responsibility, Fact Finding Hearings
Family Law Child Protection Care Proceedings Sexual Abuse Allegations Threshold Criteria Parental Responsibility Fact Finding Hearings

Case Brief

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Parties

Bradford MDC

Applicant

A Mother

First Respondent

A Father

Second Respondent

T

Intervenor

Procedural Posture

Care and Supervision Proceedings (public Law, Family) / Fact Finding Judgment

Legal Issues

  1. 1 Whether the threshold for care or supervision orders under s.31(2) Children Act 1989 is met
  2. 2 Whether sexual abuse by T against R occurred
  3. 3 Whether the parents failed to protect R and S

Ratio Decidendi

The court found R's evidence credible and consistent, T's denials unconvincing, and the parents' accounts implausible. The Local Authority proved on the balance of probabilities that T sexually abused R, the parents failed to protect R and S after being made aware, and the threshold for care orders under s.31(2) Children Act 1989 was met.

Court Disposition

Findings of fact made in favour of the Local Authority; threshold for care orders met.

Orders

  • Local Authority's Amended Schedule of Findings Sought is proved in its entirety, with minor caveat on timing of mother's comments.
  • Directions for future conduct of the case to be given; risks to S to be assessed before final welfare decisions.