W and F (Children), Re

W and F (Children), Re

The findings of sexual abuse against X were unsafe because the investigation and interviews of the children were characterised by serious and wholesale breaches of the Achieving Best Evidence guidelines, resulting in evidence that was wholly unreliable. The medical evidence was equivocal and not supportive of the findings. No court could reasonably have found that X abused the children on the evidence before the recorder.

Parties
Appellant: X; First Respondent: Local Authority; Mother of M, C, L, U: J; Mother of K, P, T: S
Jurisdiction
England and Wales
Judgment Date
18 December 2015
Procedural Posture
Appeal (care Proceedings) / Judgment on Appeal From Fact Finding Hearing
Outcome
Appeal allowed; findings of sexual abuse against X set aside.
Legal Topics
Sexual Abuse Allegations, Care Orders, Children Act 1989 S.31, Achieving Best Evidence Guidelines, Fact Finding in Family Proceedings
Family Law Child Protection Sexual Abuse Allegations Care Orders Children Act 1989 S.31 Achieving Best Evidence Guidelines Fact Finding in Family Proceedings

Case Brief

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Parties

X

Appellant

Local Authority

First Respondent

J

Mother of M, C, L, U

S

Mother of K, P, T

Procedural Posture

Appeal (care Proceedings) / Judgment on Appeal From Fact Finding Hearing

Legal Issues

  1. 1 Whether findings of sexual abuse against X were safe and justified
  2. 2 Whether breaches of Achieving Best Evidence (ABE) guidelines rendered the children's evidence unreliable
  3. 3 Whether medical evidence was sufficient to support findings of abuse

Ratio Decidendi

The findings of sexual abuse against X were unsafe because the investigation and interviews of the children were characterised by serious and wholesale breaches of the Achieving Best Evidence guidelines, resulting in evidence that was wholly unreliable. The medical evidence was equivocal and not supportive of the findings. No court could reasonably have found that X abused the children on the evidence before the recorder.

Court Disposition

Appeal allowed; findings of sexual abuse against X set aside.

Orders

  • Findings of sexual abuse against X in respect of M, L, and K are quashed.