Lancashire County Council v E & Ors

Lancashire County Council v E & Ors

The mother failed to protect the children from sexual abuse by the father and cannot blame the Elders for her failure. The Elders did not actively discourage her from reporting to the police but failed to provide positive advice or encouragement. The primary responsibility for the lack of protection rests with the mother.

Parties
Applicant: Lancashire County Council; First Respondent: E; Second Respondent: Mother; Third Respondent: Father; Intervenors: A & B, the Intervenors
Jurisdiction
England and Wales
Judgment Date
22 May 2022
Procedural Posture
Care Proceedings / Fact Finding Hearing
Outcome
Findings made as sought by the local authority; directions agreed to take the case forward; draft order under preparation.
Legal Topics
Sexual Abuse, Failure to Protect, Role of Religious Leaders, Care Proceedings
Family Law Child Protection Sexual Abuse Failure to Protect Role of Religious Leaders Care Proceedings

Case Brief

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Parties

Lancashire County Council

Applicant

E

First Respondent

Mother

Second Respondent

Father

Third Respondent

A & B, the Intervenors

Intervenors

Procedural Posture

Care Proceedings / Fact Finding Hearing

Legal Issues

  1. 1 Whether the mother failed to protect the children from sexual abuse
  2. 2 Whether the Elders discouraged the mother from reporting abuse to the police
  3. 3 Assessment of the credibility of the mother and Elders

Ratio Decidendi

The mother failed to protect the children from sexual abuse by the father and cannot blame the Elders for her failure. The Elders did not actively discourage her from reporting to the police but failed to provide positive advice or encouragement. The primary responsibility for the lack of protection rests with the mother.

Court Disposition

Findings made as sought by the local authority; directions agreed to take the case forward; draft order under preparation.

Orders

  • Full Schedule of Findings to be included in the order as circulated to reflect the judgment.