JB (A Child), Re (Sexual Abuse Allegations)

JB (A Child), Re (Sexual Abuse Allegations)

The findings of sexual abuse against the mother cannot be sustained due to serious and multiple breaches of ABE guidance, including lack of a rapport phase, absence of free narrative, use of pre-prepared notes, and significant risk of contamination and influence by Mrs W and the investigating officer. The judge failed to properly consider the impact of these breaches and the child's history of dishonesty on the reliability of the allegations. The deficiencies in the investigation were so significant that no court could properly make the findings of abuse sought by the local authority.

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 / Appeal From Fact Finding Judgment 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, Evidential Standards in Child Abuse Cases
Family Law Child Protection Care Proceedings Sexual Abuse Allegations Children Act 1989 Fact Finding Hearings Evidential Standards in Child Abuse Cases

Case Brief

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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 / Appeal From Fact Finding Judgment in Family Court

Legal Issues

  1. 1 Whether the findings of sexual abuse against the mother were sustainable given significant breaches of Achieving Best Evidence (ABE) guidance
  2. 2 Whether the process of investigation and evidence gathering contaminated the reliability of the child's allegations
  3. 3 Whether the trial judge properly evaluated the reliability and credibility of the child witness and the evidence as a whole

Ratio Decidendi

The findings of sexual abuse against the mother cannot be sustained due to serious and multiple breaches of ABE guidance, including lack of a rapport phase, absence of free narrative, use of pre-prepared notes, and significant risk of contamination and influence by Mrs W and the investigating officer. The judge failed to properly consider the impact of these breaches and the child's history of dishonesty on the reliability of the allegations. The deficiencies in the investigation were so significant that no court could properly make the findings of abuse sought by the local authority.

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
  • Remaining findings undisturbed; further hearing to proceed regarding J’s long-term future