L (A Child), Re [2015] EWFC B148 (21 July 2015)

L (A Child), Re [2015] EWFC B148 (21 July 2015)

The court found, on the balance of probabilities, that A had been sexually abused and that both M (mother) and Z (mother's partner) were involved in the abuse. The evidence of A's disclosures, her sexualised behaviour, and the lack of credible alternative explanations outweighed the denials and explanations offered by M and Z. The court found M to be an untruthful witness and rejected the argument that A's behaviour was solely due to exposure to inappropriate conversation or media. The threshold for significant harm attributable to the care given by M and Z was met.

Citation
[2015] EWFC B148
Parties
Child: A; Mother: M; Father: F; Intervener (mother's Partner): Z; Maternal Aunt: MA; Applicant: Local Authority
Jurisdiction
England and Wales
Judgment Date
21 July 2015
Procedural Posture
Care Proceedings / Fact Finding Judgment
Outcome
Findings of fact made that A was sexually abused by M and Z; threshold criteria met for care order.
Legal Topics
Care Orders, Sexual Abuse Allegations, Threshold Criteria, Fact Finding Hearings, Child Welfare
Family Law Child Protection Care Orders Sexual Abuse Allegations Threshold Criteria Fact Finding Hearings Child Welfare

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Parties

A

Child

M

Mother

F

Father

Z

Intervener (mother's Partner)

MA

Maternal Aunt

Local Authority

Applicant

Procedural Posture

Care Proceedings / Fact Finding Judgment

Legal Issues

  1. 1 Whether A has been sexually abused
  2. 2 Whether the perpetrator of abuse can be identified
  3. 3 Whether A has suffered significant harm attributable to the care given by her mother or Z

Ratio Decidendi

The court found, on the balance of probabilities, that A had been sexually abused and that both M (mother) and Z (mother's partner) were involved in the abuse. The evidence of A's disclosures, her sexualised behaviour, and the lack of credible alternative explanations outweighed the denials and explanations offered by M and Z. The court found M to be an untruthful witness and rejected the argument that A's behaviour was solely due to exposure to inappropriate conversation or media. The threshold for significant harm attributable to the care given by M and Z was met.

Court Disposition

Findings of fact made that A was sexually abused by M and Z; threshold criteria met for care order.

Orders

  • Findings in accordance with the threshold as set out in the judgment.
  • A not to be returned to the care of her mother at this stage.