M (Children: Findings of Fact)
[2024] EWCA Civ 1290
J, P and Q (Care proceedings), Re
26 January 2024
[2024] EWCA Civ 22
Court of Appeal
Three sisters said their dad (F) had abused them. One sister's (B's) older allegations were believed, despite being years old and some evidence missing. The judge believed B but wasn't sure about the other daughter's (J's) claim. The judge thought the dad did do something wrong by shaving the girls inappropriately. The judge also thought the mom didn't protect the girls and even lied. The appeals court agreed with the judge.
Key Facts
- •Care proceedings involving three sisters (J, P, Q) and their mother (second appellant) and the father of P and Q (first appellant, F).
- •Allegations of sexual abuse against F by B (from 2008) and J (from 2021).
- •F was acquitted of rape of B in 2008 criminal trial, but jury hung on other charges.
- •J's allegations against F were not proven, but allegations of F shaving J and another sister were found proven.
- •Allegations of mother failing to protect J from abuse by F.
- •Fifteen-year delay between B's allegations and the fact-finding hearing.
- •Missing evidence: video recording of B's ABE interview and transcript of her 2008 trial evidence.
- •Judge found F sexually abused B but could not determine if he had abused J.
- •Judge found mother failed to protect J and deliberately lied to the court.
Legal Principles
Standard of proof in family proceedings is the balance of probabilities.
Not explicitly stated, but implied throughout the judgment.
Impact of delay on memory and evidence availability.
R v PS [2013] EWCA Crim 992, Crown Court Compendium
Relevance of evidence of good character in family proceedings.
Re R (Children) (Import of Criminal Principles in Family Proceedings [2018] EWCA Civ 198
Appellate court will not interfere with findings of fact unless compelled to do so.
Fage UK Ltd v Chobani UK Ltd [2014] EWCA Civ 5, Volpi and another v Volpi [2022] EWCA Civ 464
The need for a causative link to show that a parent knew or ought to have known that a perpetrator posed a risk to children before findings can be made against that parent.
Re L-W (Children) [2019] EWCA Civ 159
Outcomes
Appeals dismissed.
The judge's findings were supported by the evidence and her reasoning was clear and logical.
Judge found F sexually abused B in 2008.
Despite the delay and missing evidence, the judge found B's evidence, including her ABE interview and statement, persuasive.
Judge found F's conduct in shaving J and another sister was sexually motivated.
Based on J and Y's accounts, inconsistencies in F's evidence, and the findings regarding B's allegations.
Judge found mother failed to protect J and deliberately lied to the court.
Mother's immediate rejection of J's allegations and subsequent actions undermined J's credibility and prioritized the father over her daughter's welfare.