Devon County Council v M & Ors

Devon County Council v M & Ors

On the balance of probabilities, F2 sexually abused B when she was 15, sexually abused E, and physically abused B, E, A, C, D, H, and K. F2 also sexually abused H, his birth daughter, by penetrative acts. M and B failed to protect the children from abuse once they should have known of the risks. The allegations of sexual abuse by A against E, H, and B were not proved to the required standard. The court found the evidence of the children and M generally credible, B less so due to ongoing loyalty to F2, and F2 unreliable and minimising. The medical evidence was accepted as supporting the findings of sexual abuse.

Parties
Applicant: Devon County Council; First Respondent: M; Second Respondent: B; Third Respondent: F2; Fourth Respondent: F; Fifth Respondent: E (through Nicola Drew, Children's Guardian); Sixth, Seventh and Eighth Respondents: H, K and J (through Paula Newnham, Children's Guardian); Intervenor: A
Jurisdiction
England and Wales
Judgment Date
18 December 2019
Procedural Posture
Care and Protection / Fact Finding Hearing / Judgment After Fact Finding Hearing
Outcome
Findings of fact made as sought by the local authority against F2, M, and B; allegations against A not proved.
Legal Topics
Sexual Abuse, Physical Abuse, Failure to Protect, Care Proceedings, Fact Finding, Parental Responsibility
Family Law Child Protection Sexual Abuse Physical Abuse Failure to Protect Care Proceedings Fact Finding Parental Responsibility

Case Brief

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Parties

Devon County Council

Applicant

M

First Respondent

B

Second Respondent

F2

Third Respondent

F

Fourth Respondent

E (through Nicola Drew, Children's Guardian)

Fifth Respondent

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

Sixth, Seventh and Eighth Respondents

A

Intervenor

Procedural Posture

Care and Protection / Fact Finding Hearing / Judgment After Fact Finding Hearing

Legal Issues

  1. 1 Whether F2 sexually and physically abused children in his care
  2. 2 Whether B and M failed to protect children from abuse
  3. 3 Whether A committed sexual abuse against siblings

Ratio Decidendi

On the balance of probabilities, F2 sexually abused B when she was 15, sexually abused E, and physically abused B, E, A, C, D, H, and K. F2 also sexually abused H, his birth daughter, by penetrative acts. M and B failed to protect the children from abuse once they should have known of the risks. The allegations of sexual abuse by A against E, H, and B were not proved to the required standard. The court found the evidence of the children and M generally credible, B less so due to ongoing loyalty to F2, and F2 unreliable and minimising. The medical evidence was accepted as supporting the findings of sexual abuse.

Court Disposition

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

Orders

  • Findings of sexual and physical abuse by F2 against B, E, H, K, A, C, and D.
  • Findings that M and B failed to protect E and H from sexual abuse and all children from physical abuse.