K and D (Children: Sexual Abuse Findings), Re

K and D (Children: Sexual Abuse Findings), Re

The judge's findings of sexual abuse and identification of F as perpetrator were based on a thorough evaluation of medical evidence, behavioural indicators, and inferences from F's disengagement; the appeal court found no justification to interfere with the trial judge's factual findings.

Parties
Appellant: F (D's father); First Respondent: Local Authority; Second Respondent: Mother; Third and Fourth Respondents: Children's Guardian (for Third and Fourth Respondents); Fifth Respondent: X (Mother's partner)
Jurisdiction
England and Wales
Judgment Date
18 March 2025
Procedural Posture
Appeal (care Proceedings) / Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
Sexual Abuse Findings, Care Orders, Failure to Protect, Fact Finding Hearings, Appeal Procedure
Family Law Child Protection Sexual Abuse Findings Care Orders Failure to Protect Fact Finding Hearings Appeal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

F (D's father)

Appellant

Local Authority

First Respondent

Mother

Second Respondent

Children's Guardian (for Third and Fourth Respondents)

Third and Fourth Respondents

X (Mother's partner)

Fifth Respondent

Procedural Posture

Appeal (care Proceedings) / Judgment on Appeal

Legal Issues

  1. 1 Whether the judge erred in finding that K had been sexually abused
  2. 2 Whether the judge erred in finding that D suffered sexual harm
  3. 3 Whether the judge erred in finding that F was the perpetrator of sexual abuse

Ratio Decidendi

The judge's findings of sexual abuse and identification of F as perpetrator were based on a thorough evaluation of medical evidence, behavioural indicators, and inferences from F's disengagement; the appeal court found no justification to interfere with the trial judge's factual findings.

Court Disposition

Appeal dismissed

Orders

  • Findings of sexual abuse and perpetrator (F) upheld
  • Care plan for children to remain in long-term fostering approved