C, D & E (Children), Re [2015] EWFC 92 (22 May 2015)

C, D & E (Children), Re [2015] EWFC 92 (22 May 2015)

The local authority failed to prove on the balance of probabilities that A committed acts of sexual abuse against his younger siblings. The evidence was of poor quality, largely hearsay, ambiguous, and untested. A was a vulnerable child in a highly dysfunctional, abusive family, and the reasons for his historic admissions are unclear. The threshold criteria for a care order were not met.

Citation
[2015] EWFC 92
Parties
Applicant: Devon County Council; Respondent: S; Respondent: C's Father; Respondent: A; Respondent: E's Mother; Respondent: C; Respondent: D; Respondent: E; Respondent: Children's Guardian
Jurisdiction
England and Wales
Judgment Date
22 May 2015
Procedural Posture
Care Proceedings (children Act 1989) / Fact Finding Hearing
Outcome
Care proceedings withdrawn; threshold not met
Legal Topics
Care Proceedings, Threshold Criteria, Sexual Abuse Allegations, Hearsay Evidence, Burden of Proof
Family Law Child Protection Care Proceedings Threshold Criteria Sexual Abuse Allegations Hearsay Evidence Burden of Proof

Case Brief

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Parties

Devon County Council

Applicant

S

Respondent

C's Father

Respondent

A

Respondent

E's Mother

Respondent

C

Respondent

D

Respondent

E

Respondent

Children's Guardian

Respondent

Procedural Posture

Care Proceedings (children Act 1989) / Fact Finding Hearing

Legal Issues

  1. 1 Whether A committed acts of sexual abuse against his younger siblings in 1990
  2. 2 Whether threshold criteria under section 31(2) Children Act 1989 are met for care orders

Ratio Decidendi

The local authority failed to prove on the balance of probabilities that A committed acts of sexual abuse against his younger siblings. The evidence was of poor quality, largely hearsay, ambiguous, and untested. A was a vulnerable child in a highly dysfunctional, abusive family, and the reasons for his historic admissions are unclear. The threshold criteria for a care order were not met.

Court Disposition

Care proceedings withdrawn; threshold not met

Orders

  • Permission granted to local authority to withdraw care proceedings
  • A resumed unsupervised contact with his children D and E