Birmingham City Council v Mother v Ors
[2023] EWHC 905 (Fam)
A Council v M & Ors
31 May 2023
[2023] EWFC 87
Family Court
A girl told the police her stepfather (D) touched her inappropriately. The police didn't investigate properly. The court looked at messages the stepfather sent to other teens and listened to everyone involved. The judge decided the stepfather did bad things, and the kids will get help and support.
Key Facts
- •Four children (A, X, Y, Z) involved; mother (M), fathers (B and D).
- •Mother worked as an online sex worker throughout children's lives.
- •Police investigation triggered by A's allegation of sexual abuse by D (stepfather).
- •A's initial allegations included digital and oral rape, and vaginal rape resulting in bleeding.
- •Subsequent allegations against D by K (15-year-old friend of E) and G (16-year-old friend of E).
- •Inadequate investigation by police; failure to follow Achieving Best Evidence (ABE) guidance.
- •Mother's dishonesty and attempts to influence A's account.
- •Text messages between D and K showed grooming behavior, corroborating sexual abuse allegations.
- •Evidence suggested sexually charged atmosphere in the home.
- •Court found evidence of sexual abuse against A, K, and G by D.
Legal Principles
Burden of proof on local authority; standard of proof is balance of probabilities.
Children Act 1989, Part IV
Court must consider inherent probabilities, base findings on evidence, not speculation; consider the broad canvas of evidence.
Case law (unspecified)
Evidence of those present at events is crucial; absence of explanation doesn't automatically imply sinister motives.
Case law (unspecified)
R v Lucas direction for lies; lies about one thing doesn't mean lying about everything.
Re H-C (Children) [2016] EWCA Civ 163
Difficulties in sexual abuse cases: lack of witnesses, reluctance of adults to admit, vulnerability of children, delayed reporting, inconsistent accounts, suggestibility.
Re P (Sexual Abuse: Finding of Fact Hearing) [2019] EWFC 27
Importance of ABE guidance; breaches affect weight of evidence.
Re P (Sexual Abuse: Finding of Fact Hearing) [2019] EWFC 27; Re JB (A Child) (Sexual Abuse Allegations) [2021] EWCA Civ 46
Least interventionist order should be made to meet children's welfare needs.
Case law (unspecified)
Outcomes
Findings of fact: D sexually abused A, K, and G.
Compelling evidence from A, corroboration from D's text messages with K, consistency between A's and G's accounts, and D's overall dishonesty.
Care Orders not necessary; Supervision Orders for all children.
Supervision Orders offer same services as Care Orders but are less interventionist; concerns about Local Authority capacity.
A to live with her father; continued contact with mother.
Agreed by parties; therapeutic process ongoing.
Younger three children to remain with mother and E.
Agreed by parties; improved living conditions.