Devon County Council v S & Ors

Devon County Council v S & Ors

The local authority failed to prove on the balance of probabilities that A committed acts of sexual abuse against his younger siblings. The historic admissions were unreliable due to poor quality, hearsay evidence, lack of detail, A's vulnerability, and the dysfunctional, abusive family context. The threshold criteria for a care order were not met.

Parties
Applicant: Devon County Council; Respondent: S; Respondent: C's Father; Respondent: A; Respondent: E's Mother; Child (by Guardian): C; Child (by Guardian): D; Child (by Guardian): E; Guardian: Children's Guardian
Jurisdiction
England and Wales
Judgment Date
22 May 2015
Procedural Posture
Care Proceedings / Fact Finding Judgment
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Care proceedings withdrawn; threshold not met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

Child (by Guardian)

D

Child (by Guardian)

E

Child (by Guardian)

Children's Guardian

Guardian

Procedural Posture

Care Proceedings / Fact Finding Judgment

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 order

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 historic admissions were unreliable due to poor quality, hearsay evidence, lack of detail, A's vulnerability, and the dysfunctional, abusive family context. 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Care proceedings withdrawn; threshold not met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 to resume unsupervised contact with his children D and E