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.