A and F (Fact finding) [2020] EWFC B14 (02 March 2020)

A and F (Fact finding) [2020] EWFC B14 (02 March 2020)

The court found, on the balance of probabilities, that TC sexually abused both A and F, physically harmed F, and that KP failed to protect A and F from sexual abuse and caused them emotional harm by not believing or supporting them. The court found MaC and MiC were subject to neglectful parenting and all children were exposed to domestic violence and risk of harm. The court rejected TC's case that the allegations were fabricated by A and F under the influence of SC, finding no credible evidence of collusion or conspiracy. The police investigation was found to be flawed and its conclusions were disregarded in assessing the children's credibility.

Citation
[2020] EWFC B14
Parties
Applicant: Local Authority; Subject Child/respondent: A (child); Subject Child/respondent: F (child); Subject Child/respondent: MaC (child); Subject Child/respondent: MiC (child); Mother/respondent: KP; Stepfather/respondent: TC
Jurisdiction
England and Wales
Judgment Date
02 March 2020
Procedural Posture
Care Proceedings / Final Hearing and Fact Finding Judgment
Outcome
Findings of fact made against TC and KP; threshold for care proceedings met.
Legal Topics
Care Proceedings, Sexual Abuse Allegations, Physical Harm, Neglect, Domestic Violence, Drug Misuse, Threshold Criteria, Fact Finding, Child Witness Evidence
Family Law Child Protection Care Proceedings Sexual Abuse Allegations Physical Harm Neglect Domestic Violence Drug Misuse +3 more

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Parties

Local Authority

Applicant

A (child)

Subject Child/respondent

F (child)

Subject Child/respondent

MaC (child)

Subject Child/respondent

MiC (child)

Subject Child/respondent

KP

Mother/respondent

TC

Stepfather/respondent

Procedural Posture

Care Proceedings / Final Hearing and Fact Finding Judgment

Legal Issues

  1. 1 Whether threshold criteria under s.31 Children Act 1989 are met for the four children
  2. 2 Whether TC sexually abused A and F
  3. 3 Whether TC physically harmed F

Ratio Decidendi

The court found, on the balance of probabilities, that TC sexually abused both A and F, physically harmed F, and that KP failed to protect A and F from sexual abuse and caused them emotional harm by not believing or supporting them. The court found MaC and MiC were subject to neglectful parenting and all children were exposed to domestic violence and risk of harm. The court rejected TC's case that the allegations were fabricated by A and F under the influence of SC, finding no credible evidence of collusion or conspiracy. The police investigation was found to be flawed and its conclusions were disregarded in assessing the children's credibility.

Court Disposition

Findings of fact made against TC and KP; threshold for care proceedings met.

Orders

  • Findings that TC sexually abused A and F and physically harmed F
  • Findings that KP failed to protect A and F from sexual abuse and caused emotional harm