Devon County Council v M & Ors [2019] EWFC 88 (B) (18 December 2019)

Devon County Council v M & Ors [2019] EWFC 88 (B) (18 December 2019)

The court found, on the balance of probabilities, that F2 committed extensive sexual and physical abuse against B, E, H, and K, and physically abused A, C, and D. The court found that M and B failed to protect the children from abuse they knew or should have known about. The court found that A did not sexually abuse E or H, nor act inappropriately towards B. The findings were based on the credibility of witnesses, corroborating evidence, and the totality of the circumstances, applying the legal principles of fact-finding in child protection cases.

Citation
[2019] EWFC 88 (B)
Parties
Applicant: Devon County Council; First Respondent: M; Second Respondent: B; Third Respondent: F2; Fourth Respondent: F; Fifth Respondent: E (through Children's Guardian Nicola Drew); Sixth, Seventh and Eighth Respondents: H, K and J (through Children's Guardian Paula Newnham); Intervenor: A
Jurisdiction
England and Wales
Judgment Date
18 December 2019
Procedural Posture
Family Court Fact Finding Hearing / Judgment After Contested Fact Finding Hearing
Outcome
Findings of fact made as sought by the local authority against F2, M, and B; findings not made against A.
Legal Topics
Fact Finding Hearing, Sexual Abuse, Physical Abuse, Care Proceedings, Threshold Criteria, Burden of Proof, Standard of Proof, Credibility Assessment
Family Law Child Protection Fact Finding Hearing Sexual Abuse Physical Abuse Care Proceedings Threshold Criteria Burden of Proof +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 7 Authorities cited 10 Party arguments 2
Sign in to unlock

Parties

Devon County Council

Applicant

M

First Respondent

B

Second Respondent

F2

Third Respondent

F

Fourth Respondent

E (through Children's Guardian Nicola Drew)

Fifth Respondent

H, K and J (through Children's Guardian Paula Newnham)

Sixth, Seventh and Eighth Respondents

A

Intervenor

Procedural Posture

Family Court Fact Finding Hearing / Judgment After Contested Fact Finding Hearing

Legal Issues

  1. 1 Whether F2 sexually and physically abused B, E, H, K, A, C, D
  2. 2 Whether M and B failed to protect children from abuse
  3. 3 Whether A sexually abused E, H, or acted inappropriately towards B

Ratio Decidendi

The court found, on the balance of probabilities, that F2 committed extensive sexual and physical abuse against B, E, H, and K, and physically abused A, C, and D. The court found that M and B failed to protect the children from abuse they knew or should have known about. The court found that A did not sexually abuse E or H, nor act inappropriately towards B. The findings were based on the credibility of witnesses, corroborating evidence, and the totality of the circumstances, applying the legal principles of fact-finding in child protection cases.

Court Disposition

Findings of fact made as sought by the local authority against F2, M, and B; findings not made against A.

Orders

  • Interim care orders for E, H, K, and J
  • Removal of children from F2's and B's care