A and B (Children), Re (fact finding hearing) [2015] EWFC B48 (20 March 2015)

A and B (Children), Re (fact finding hearing) [2015] EWFC B48 (20 March 2015)

The Local Authority failed to prove, even to the civil standard, the allegations of physical abuse by the father, failure to protect by M2, or sexual impropriety by M2. Most of A's injuries could have been self-inflicted or accidental, and A's statements were unreliable given his complex psychological and behavioural profile. However, A was beyond the control of his carers, resulting in neglect, including insufficient calorific intake and exposure to cold, but not to the extent of significant harm from starvation or deliberate cruelty.

Citation
[2015] EWFC B48
Parties
Applicant: Local Authority; First Respondent: M1 (Mother of A); Second Respondent: M2 (Mother of B); Third Respondent: F (Father of A and B)
Jurisdiction
England and Wales
Judgment Date
20 March 2015
Procedural Posture
Public Law Care Proceedings / Fact Finding Hearing
Outcome
Most allegations not proved; findings of neglect due to lack of control and insufficient calorific intake, but not significant harm from deliberate abuse.
Legal Topics
Care Orders, Neglect, Physical Abuse, Sexual Abuse Allegations, Failure to Protect, Standard of Proof in Family Proceedings
Family Law Child Protection Care Orders Neglect Physical Abuse Sexual Abuse Allegations Failure to Protect Standard of Proof in Family Proceedings

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Parties

Local Authority

Applicant

M1 (Mother of A)

First Respondent

M2 (Mother of B)

Second Respondent

F (Father of A and B)

Third Respondent

Procedural Posture

Public Law Care Proceedings / Fact Finding Hearing

Legal Issues

  1. 1 Whether the father physically abused A
  2. 2 Whether M2 failed to protect A from harm
  3. 3 Whether A was exposed to or encouraged to participate in inappropriate sexual behaviour by M2

Ratio Decidendi

The Local Authority failed to prove, even to the civil standard, the allegations of physical abuse by the father, failure to protect by M2, or sexual impropriety by M2. Most of A's injuries could have been self-inflicted or accidental, and A's statements were unreliable given his complex psychological and behavioural profile. However, A was beyond the control of his carers, resulting in neglect, including insufficient calorific intake and exposure to cold, but not to the extent of significant harm from starvation or deliberate cruelty.

Court Disposition

Most allegations not proved; findings of neglect due to lack of control and insufficient calorific intake, but not significant harm from deliberate abuse.

Orders

  • No findings of physical or sexual abuse against the father or M2.
  • Finding of neglect due to A being beyond parental control, insufficient calorific intake, and exposure to cold.