A Local Authority v L & Ors [2021] EWFC B51 (28 June 2021)

A Local Authority v L & Ors [2021] EWFC B51 (28 June 2021)

The court found, on the balance of probabilities and after evaluating all the evidence as a whole, that R's account of sexual abuse by Mr M was credible, consistent, and not the result of incitement or coaching. Mr M's denials and alternative explanations were not supported by the evidence and were undermined by his dishonesty regarding his presence in the home. The court was satisfied that Mr M sexually abused R by touching her, causing her sexual and emotional harm, and thereby placed the other children at risk of sexual and emotional harm.

Citation
[2021] EWFC B51
Parties
Applicant: Local Authority; Mother of R and S: L; Father of R and S: M; Mother of T, U, V and W: N; Father of T, U, V and W: P; Subjects: Children (R, S, T, U, V, W)
Jurisdiction
England and Wales
Judgment Date
28 June 2021
Procedural Posture
Care Proceedings (children Act 1989 S.31) / Fact Finding Hearing
Outcome
Findings proved against Mr M as to sexual abuse of R and risk to other children; no findings made against Ms L or Mr P beyond accepted matters; no finding made regarding alleged kissing of R's neck.
Legal Topics
Sexual Abuse Allegations, Interim Care Orders, Fact Finding, Threshold Criteria, Parental Responsibility, Domestic Abuse, Emotional Harm
Family Law Child Protection Sexual Abuse Allegations Interim Care Orders Fact Finding Threshold Criteria Parental Responsibility Domestic Abuse +1 more

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Parties

Local Authority

Applicant

L

Mother of R and S

M

Father of R and S

N

Mother of T, U, V and W

P

Father of T, U, V and W

Children (R, S, T, U, V, W)

Subjects

Procedural Posture

Care Proceedings (children Act 1989 S.31) / Fact Finding Hearing

Legal Issues

  1. 1 Whether Mr M sexually abused R by touching
  2. 2 Whether Mr M caused R sexual and emotional harm
  3. 3 Whether Mr M's actions placed other children at risk of sexual and emotional harm

Ratio Decidendi

The court found, on the balance of probabilities and after evaluating all the evidence as a whole, that R's account of sexual abuse by Mr M was credible, consistent, and not the result of incitement or coaching. Mr M's denials and alternative explanations were not supported by the evidence and were undermined by his dishonesty regarding his presence in the home. The court was satisfied that Mr M sexually abused R by touching her, causing her sexual and emotional harm, and thereby placed the other children at risk of sexual and emotional harm.

Court Disposition

Findings proved against Mr M as to sexual abuse of R and risk to other children; no findings made against Ms L or Mr P beyond accepted matters; no finding made regarding alleged kissing of R's neck.

Orders

  • Fact-finding: Mr M found to have sexually abused R by touching, causing sexual and emotional harm.
  • Mr M found to have placed other children at risk of sexual and emotional harm.