J, P and Q (Care proceedings), Re

The judge’s findings regarding sexual abuse by F, the mother’s failure to protect, and the assessment of evidence were supported by the totality of the evidence and proper application of legal principles. The judge was entitled to reject the appeals as there was no material error or unfairness in the process or findings.

Parties: First Appellant: F; Second Appellant: Mother; First Respondent: Local Authority; Interested Party: Children (by their Children’s Guardian)
Jurisdiction: England and Wales
Judgment Date: 11 October 2024
Procedural Posture: Care Proceedings / Appeal Judgment
Outcome: appeals dismissed
Legal Topics: Sexual Abuse, Failure to Protect, Assessment of Evidence, Good Character, Delay in Proceedings, Parental Conduct, Risk Assessment

Family Law Child Protection Sexual Abuse Failure to Protect Assessment of Evidence Good Character Delay in Proceedings Parental Conduct +1 more

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Full judgment text Downloadable case file Legal principles 4 Authorities cited 13 Party arguments 2

Parties

First Appellant

Mother

Second Appellant

Local Authority

First Respondent

Children (by their Children’s Guardian)

Interested Party

Procedural Posture

Care Proceedings / Appeal Judgment

Legal Issues

1 Whether findings of sexual abuse against F were properly made
2 Whether the mother failed to protect J and other children from risk of sexual abuse
3 Whether the judge erred in assessment of evidence, including delay and missing evidence

Ratio Decidendi

Court Disposition

appeals dismissed