O (Description of Sexual Abuse), Re

O (Description of Sexual Abuse), Re

The judge was entitled to find that repeated, albeit unintentional and negligent, exposure of a child to adult sexual material by her parents constituted 'sexual abuse' within the meaning of section 31(9) Children Act 1989 and relevant guidance. The statutory and guidance definitions encompass non-contact sexual abuse and do not require intention or positive action. The judge's use of the NSPCC guidance post-hearing did not amount to procedural unfairness as the finding was within the scope of the issues pleaded and the evidence presented.

Parties
Appellant: M; Respondent: X Local Authority
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Appeal (care Proceedings) / Judgment on Appeal From Family Court
Outcome
Appeal dismissed
Legal Topics
Care Proceedings, Sexual Abuse (definition), Threshold Criteria Under Children Act 1989, Non Contact Sexual Abuse, Procedural Fairness in Fact Finding
Family Law Child Protection Care Proceedings Sexual Abuse (definition) Threshold Criteria Under Children Act 1989 Non Contact Sexual Abuse Procedural Fairness in Fact Finding

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Parties

M

Appellant

X Local Authority

Respondent

Procedural Posture

Appeal (care Proceedings) / Judgment on Appeal From Family Court

Legal Issues

  1. 1 Whether unintentional and negligent exposure of a child to adult sexual material constitutes 'sexual abuse' under the Children Act 1989 and relevant statutory guidance
  2. 2 Whether the judge erred procedurally by introducing and relying on the NSPCC definition of sexual abuse after circulation of the draft judgment

Ratio Decidendi

The judge was entitled to find that repeated, albeit unintentional and negligent, exposure of a child to adult sexual material by her parents constituted 'sexual abuse' within the meaning of section 31(9) Children Act 1989 and relevant guidance. The statutory and guidance definitions encompass non-contact sexual abuse and do not require intention or positive action. The judge's use of the NSPCC guidance post-hearing did not amount to procedural unfairness as the finding was within the scope of the issues pleaded and the evidence presented.

Court Disposition

Appeal dismissed

Orders

  • Finding of sexual abuse by both parents upheld
  • No change to the child's placement with maternal grandparents under Special Guardianship Order