JB (A Child), Re (Sexual Abuse Allegations) [2021] EWCA Civ 46 (22 January 2021)

JB (A Child), Re (Sexual Abuse Allegations) [2021] EWCA Civ 46 (22 January 2021)

The findings of sexual abuse against the mother could not be sustained due to serious and multiple breaches of ABE guidance, insufficient reliability of the child's evidence, and failure to properly consider the impact of investigative deficiencies and the child's history of dishonesty.

Source-derived case information.

Citation
[2021] EWCA Civ 46
Parties
Appellant: KB; First Respondent: A Local Authority; Second Respondent: JW; Third Respondent: JB (by his children's guardian)
Jurisdiction
England and Wales
Judgment Date
22 January 2021
Procedural Posture
Appeal (care Proceedings) / Judgment on Appeal From Fact Finding in Family Court
Outcome
Appeal allowed; findings of sexual abuse against the mother set aside.
Legal Topics
Care Proceedings, Sexual Abuse Allegations, Children Act 1989, Fact Finding Hearings, ABE Guidance Compliance
Family Law Child Protection Care Proceedings Sexual Abuse Allegations Children Act 1989 Fact Finding Hearings ABE Guidance Compliance

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Parties

KB

Appellant

A Local Authority

First Respondent

JW

Second Respondent

JB (by his children's guardian)

Third Respondent

Procedural Posture

Appeal (care Proceedings) / Judgment on Appeal From Fact Finding in Family Court

Legal Issues

  1. 1 Whether findings of sexual abuse against the mother were sustainable given breaches of ABE guidance and reliability of evidence
  2. 2 Whether the investigation and interviews with the child were sufficiently reliable to support findings of abuse

Ratio Decidendi

The findings of sexual abuse against the mother could not be sustained due to serious and multiple breaches of ABE guidance, insufficient reliability of the child's evidence, and failure to properly consider the impact of investigative deficiencies and the child's history of dishonesty.

Court Disposition

Appeal allowed; findings of sexual abuse against the mother set aside.

Orders

  • Paragraph 11 of the order of 15 October 2020 (findings of sexual abuse against the mother) set aside.
  • Case to proceed on the basis of other undisturbed findings for decisions about the child's long-term future.