T (No.2) (Care Proceedings: Fact-Finding: Genital Injuries: Supplemental Judgment for Publication) [2021] EWFC 101 (08 December 2021)

T (No.2) (Care Proceedings: Fact-Finding: Genital Injuries: Supplemental Judgment for Publication) [2021] EWFC 101 (08 December 2021)

T's genital and anal injuries were inflicted by one or both of two possible individuals caring for him at the relevant time. The injuries were caused by inappropriate and excessive force, with the anal injuries resulting from a penetrative act or attempted penetration. The evidence established that these injuries...

Source-derived case information.

Citation
[2021] EWFC 101
Parties
Applicant: Local Authority; First Respondent: Mother of T; Second Respondent: Father of T; Third Respondent: Third Respondent; First Intervener: First Intervener; Second Intervener: Second Intervener; Third Intervener: Third Intervener
Jurisdiction
England and Wales
Judgment Date
08 December 2021
Procedural Posture
Care Proceedings / Supplemental Judgment for Publication Following Fact Finding
Outcome
Findings of fact made; injuries to T were inflicted and resulted from sexual or physical assault; supplemental judgment for publication; recommendation for safeguarding review.
Legal Topics
Care Proceedings, Fact Finding, Child Sexual Abuse, Physical Abuse, Medical Evidence, Safeguarding Procedures
Family Law Child Protection Care Proceedings Fact Finding Child Sexual Abuse Physical Abuse Medical Evidence Safeguarding Procedures

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Summary, issues, holding and outcome

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Parties

Local Authority

Applicant

Mother of T

First Respondent

Father of T

Second Respondent

Third Respondent

Third Respondent

First Intervener

First Intervener

Second Intervener

Second Intervener

Third Intervener

Third Intervener

Procedural Posture

Care Proceedings / Supplemental Judgment for Publication Following Fact Finding

Legal Issues

  1. 1 Whether T's injuries were inflicted and by whom
  2. 2 Whether T's genital and anal injuries were caused by sexual or physical assault
  3. 3 Adequacy and timeliness of medical and safeguarding response

Ratio Decidendi

T's genital and anal injuries were inflicted by one or both of two possible individuals caring for him at the relevant time. The injuries were caused by inappropriate and excessive force, with the anal injuries resulting from a penetrative act or attempted penetration. The evidence established that these injuries were inflicted, either as a sexual assault or a physical assault without sexual motivation. The medical and safeguarding response was delayed and inadequate, resulting in lost opportunities for forensic evidence and perpetrator identification.

Court Disposition

Findings of fact made; injuries to T were inflicted and resulted from sexual or physical assault; supplemental judgment for publication; recommendation for safeguarding review.

Orders

  • Judgment to be disclosed to child protection leads in relevant agencies for safeguarding learning.
  • Recommendation for referral for rapid review pursuant to Working Together 2018 and consideration of safeguarding practice review.