D v B & Ors

The allegations against the father and paternal grandmother are entirely untrue, based on unreliable evidence, suggestive questioning, and flawed therapeutic processes; both are found innocent to a degree beyond the required standard of proof.

Parties: Child: TD; Child: EB; Applicant: Mother; Respondent: Father; Third Respondent: Paternal Grandmother; Intervener: Surrey County Council; Guardian: Guardian ad litem
Jurisdiction: England and Wales
Judgment Date: 14 September 2006
Procedural Posture: Fact Finding Hearing Under Children Act 1989 / Judgment
Outcome: Positive findings of innocence for father and paternal grandmother; allegations rejected.
Legal Topics: False Allegations of Sexual Abuse, Expert Evidence, Burden and Standard of Proof, Child Welfare, Parental Responsibility

Family Law Child Protection False Allegations of Sexual Abuse Expert Evidence Burden and Standard of Proof Child Welfare Parental Responsibility

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 14 Party arguments 2

Parties

Child

Mother

Applicant

Father

Respondent

Paternal Grandmother

Third Respondent

Surrey County Council

Intervener

Guardian ad litem

Guardian

Procedural Posture

Fact Finding Hearing Under Children Act 1989 / Judgment

Legal Issues

1 Whether allegations of sexual abuse against the father and paternal grandmother are true
2 Reliability of therapeutic evidence and expert testimony
3 Genuineness of mother's belief in allegations

Ratio Decidendi

Court Disposition

Positive findings of innocence for father and paternal grandmother; allegations rejected.

Orders

Assessment of the mother and family to be carried out before any further findings about the mother's actions.
No removal of children from the mother envisaged based on current information.