T (Fact-Finding), Re

T (Fact-Finding), Re

The court found that it was not proved on the balance of probabilities that the father inserted the pen lid into the child's anus; the evidence did not support the mother's or grandmother's allegations against the father. The court found, on the balance of probabilities, that the grandmother inserted the pen lid, given her motivation and opportunity, and dismissed the possibility of accidental swallowing as highly unlikely.

Parties
Applicant: Father; First Respondent: Mother; Second Respondent: Child (T); Third Respondent: Maternal Grandmother
Jurisdiction
England and Wales
Judgment Date
14 May 2025
Procedural Posture
Family / Fact Finding Judgment
Outcome
Allegation against the father not proved; finding that the grandmother inserted the pen lid.
Legal Topics
Sexual Abuse Allegations, Fact Finding Hearing, Burden of Proof, Care Proceedings, Contact Arrangements
Family Law Child Protection Sexual Abuse Allegations Fact Finding Hearing Burden of Proof Care Proceedings Contact Arrangements

Case Brief

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Parties

Father

Applicant

Mother

First Respondent

Child (T)

Second Respondent

Maternal Grandmother

Third Respondent

Procedural Posture

Family / Fact Finding Judgment

Legal Issues

  1. 1 Whether the father sexually abused the child by inserting a pen lid into her anus
  2. 2 Whether the mother or grandmother inserted the pen lid to frame the father
  3. 3 Whether the pen lid was swallowed accidentally

Ratio Decidendi

The court found that it was not proved on the balance of probabilities that the father inserted the pen lid into the child's anus; the evidence did not support the mother's or grandmother's allegations against the father. The court found, on the balance of probabilities, that the grandmother inserted the pen lid, given her motivation and opportunity, and dismissed the possibility of accidental swallowing as highly unlikely.

Court Disposition

Allegation against the father not proved; finding that the grandmother inserted the pen lid.

Orders

  • Parties to file and serve position statements at least 48 hours before the next hearing.
  • Matter to be listed before HHJ Harvey for further directions.