Lancashire County Council v M & Ors.

Lancashire County Council v M & Ors.

Z's allegations are found reliable and truthful based on immediate complaint, consistency, corroborating circumstances, and absence of evidence of coaching or animus; procedural failings in interviews do not undermine the core reliability of the disclosure.

Source-derived case information.

Parties
Applicant: Lancashire County Council; 1st Respondent: M; 2nd Respondent: F; 3rd Respondent: R (through his Children’s Guardian); Intervener: MGM
Jurisdiction
England and Wales
Judgment Date
13 March 2023
Procedural Posture
Care Proceedings / Fact Finding Hearing
Outcome
Findings made that F sexually assaulted Z; allegations found proved.
Legal Topics
Sexual Abuse Allegations, Child Witness Evidence, Care Orders, Procedural Fairness
Family Law Child Protection Sexual Abuse Allegations Child Witness Evidence Care Orders Procedural Fairness

Source-derived case record

Summary, issues, holding and outcome

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Parties

Lancashire County Council

Applicant

M

1st Respondent

F

2nd Respondent

R (through his Children’s Guardian)

3rd Respondent

MGM

Intervener

Procedural Posture

Care Proceedings / Fact Finding Hearing

Legal Issues

  1. 1 Reliability and truthfulness of child sexual abuse allegations
  2. 2 Compliance with Achieving Best Evidence guidelines
  3. 3 Evidential weight of interviews and complaints

Ratio Decidendi

Z's allegations are found reliable and truthful based on immediate complaint, consistency, corroborating circumstances, and absence of evidence of coaching or animus; procedural failings in interviews do not undermine the core reliability of the disclosure.

Court Disposition

Findings made that F sexually assaulted Z; allegations found proved.

Orders

  • Case to be referred to CPS for consideration of prosecution.
  • Child Arrangements Order maintained for R to live with M.