A Local Authority v R/B Children [2014] EWCC B61 (Fam) (19 March 2014)

A Local Authority v R/B Children [2014] EWCC B61 (Fam) (19 March 2014)

The evidence as a whole, including the children's inconsistent and sometimes demonstrably untrue statements, lack of corroborative medical evidence, deficiencies in the ABE interview, and the parents' credible engagement with professionals, does not meet the required standard of proof. The threshold criteria are not met and the allegations of physical abuse and inability to work with professionals are dismissed.

Citation
[2014] EWCC B61 (Fam)
Parties
Mother/parent: MB; Father/parent: KR; Applicant: Local Authority; Guardian: Children's Guardian
Jurisdiction
England and Wales
Judgment Date
19 March 2014
Procedural Posture
Care Proceedings (fact Finding and Threshold Criteria) / Fact Finding and Threshold Criteria Split Hearing
Outcome
All findings sought by the Local Authority are dismissed; threshold criteria not met.
Legal Topics
Threshold Criteria, Physical Abuse Allegations, Care Proceedings, Burden of Proof, Fact Finding, Working With Professionals
Family Law Child Protection Threshold Criteria Physical Abuse Allegations Care Proceedings Burden of Proof Fact Finding Working With Professionals

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Parties

MB

Mother/parent

KR

Father/parent

Local Authority

Applicant

Children's Guardian

Guardian

Procedural Posture

Care Proceedings (fact Finding and Threshold Criteria) / Fact Finding and Threshold Criteria Split Hearing

Legal Issues

  1. 1 Whether the parents physically abused the children L and J
  2. 2 Whether the parents are unable to work consistently and openly with professionals
  3. 3 Whether the threshold criteria under s.31 Children Act 1989 are met

Ratio Decidendi

The evidence as a whole, including the children's inconsistent and sometimes demonstrably untrue statements, lack of corroborative medical evidence, deficiencies in the ABE interview, and the parents' credible engagement with professionals, does not meet the required standard of proof. The threshold criteria are not met and the allegations of physical abuse and inability to work with professionals are dismissed.

Court Disposition

All findings sought by the Local Authority are dismissed; threshold criteria not met.

Orders

  • Allegations of physical abuse by parents against L and J dismissed
  • Allegation that parents are unable to work consistently and openly with professionals dismissed