K & D (Children: Sexual Abuse Findings) [2025] EWCA Civ 263 (18 March 2025)

K & D (Children: Sexual Abuse Findings) [2025] EWCA Civ 263 (18 March 2025)

The trial judge's findings that K was sexually abused and that F was the perpetrator were open to her on the totality of the evidence, including medical findings, behavioural indicators, and F's disengagement from proceedings. The judge's evaluation was thorough, balanced, and in accordance with legal principles. No procedural unfairness arose from making findings in F's absence, as he was on notice and represented. The appeal is dismissed.

Citation
[2025] EWCA Civ 263
Parties
Appellant: F (D's father); First Respondent: London Borough of [Local Authority]; Second Respondent: Mother; Third Respondent: K (child, by guardian); Fourth Respondent: D (child, by guardian); Fifth Respondent: X (Mother's partner)
Jurisdiction
England and Wales
Judgment Date
18 March 2025
Procedural Posture
Appeal (family Law Care Proceedings) / Judgment on Appeal From Fact Finding in Care Proceedings
Outcome
Appeal dismissed
Legal Topics
Sexual Abuse Findings, Care Proceedings, Fact Finding Hearings, Threshold Criteria, Failure to Protect, Procedural Fairness, Appeals Process
Family Law Child Protection Sexual Abuse Findings Care Proceedings Fact Finding Hearings Threshold Criteria Failure to Protect Procedural Fairness +1 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 3 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

F (D's father)

Appellant

London Borough of [Local Authority]

First Respondent

Mother

Second Respondent

K (child, by guardian)

Third Respondent

D (child, by guardian)

Fourth Respondent

X (Mother's partner)

Fifth Respondent

Procedural Posture

Appeal (family Law Care Proceedings) / Judgment on Appeal From Fact Finding in Care Proceedings

Legal Issues

  1. 1 Whether the trial judge erred in finding that K had been sexually abused
  2. 2 Whether the judge erred in finding D suffered sexual harm
  3. 3 Whether the judge erred in identifying F as the perpetrator

Ratio Decidendi

The trial judge's findings that K was sexually abused and that F was the perpetrator were open to her on the totality of the evidence, including medical findings, behavioural indicators, and F's disengagement from proceedings. The judge's evaluation was thorough, balanced, and in accordance with legal principles. No procedural unfairness arose from making findings in F's absence, as he was on notice and represented. The appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • Findings of sexual abuse against F upheld
  • Findings of sexual harm to D upheld