J, P and Q (Care proceedings), Re
[2024] EWCA Civ 22
Re S (A Child: Findings of Fact)
31 March 2023
[2023] EWCA Civ 346
Court of Appeal
A judge said a dad sexually abused his girlfriend's daughter and the mom didn't do anything. A higher court disagreed, saying the first judge didn't look at the evidence carefully enough, especially the interviews with the child. They said the dad's case will be looked at again but there wasn't enough proof against the mom.
Key Facts
- •Care proceedings concerning C (1-year-old) and her half-sister K.
- •Allegations of sexual abuse of K (aged 5-6) by F2 (M's partner) and M's awareness and failure to report.
- •Acrimonious relationship between K's parents (M and F1).
- •K made initial allegations against F2 in December 2020.
- •Subsequent statements by K to school staff and professionals.
- •ABE interviews with K conducted with breaches of guidance.
- •Findings of fact hearing in November 2022.
- •Judge found in favour of the Local Authority on allegations against both F2 and M.
- •Appeals lodged by F2 and M.
Legal Principles
Importance of examining the first account of alleged sexual abuse and the circumstances surrounding it.
Re P (Sexual Abuse - Finding of Fact Hearing) [2019] EWFC 27
Significant departures from ABE guidance may result in reduced or no weight being attached to the interview.
Re JB (A Child) (Sexual Abuse Allegations) [2021] EWCA Civ 46
Lucas Direction: Lies do not automatically prove the primary case but can be considered as supporting evidence.
Not explicitly cited but implied throughout.
Outcomes
F2's appeal allowed; allegations against him remitted for rehearing.
Insufficiently rigorous analysis of evidence; flawed application of legal principles; inadequate consideration of potential memory contamination; improper weight given to ABE interviews.
M's appeal allowed; allegations against her dismissed.
Insufficient evidence to support findings; K's statements lacked detail and specificity; inadequate consideration of potential contamination and M's cognitive impairment.