A Council v M & Ors
[2023] EWFC 87
A & Ors (Child Contracting Gonorrhoea), Re
26 October 2023
[2023] EWFC 211
Family Court
A little girl got a disease that usually means sexual abuse. The court found her dad abused her. Her mom didn't help, so the kids will live with their dad and foster parents.
Key Facts
- •Three children (A, B, C) were subject to care proceedings after eldest child, A, tested positive for gonorrhoea.
- •Medical opinion suggests gonorrhoea in young children strongly indicates sexual abuse.
- •Mother (M) was in a relationship with Y (father of C), and X (father of A and B) is now married to Z.
- •A later made allegations against Y of sexual abuse involving a vibrator.
- •Extensive evidence was presented, including mobile phone records, witness testimonies, and medical expert opinions.
Legal Principles
Threshold criteria for care or supervision orders (significant harm and attribution of harm)
Children Act 1989, s.31(2)
Burden and standard of proof in fact-finding hearings (balance of probabilities)
Re B [2008] UKHL 35, Re A Local Authority v W and others [2020] EWFC 68
Consideration of all evidence, including medical expert opinions, and witness credibility
Re T [2004] EWCA Civ 558, A County Council v KD & L [2005] EWHC 144 Fam
Treatment of lies by witnesses and unsatisfactory explanations
R v Lucas [1981] QB 720, A, B, and C (Children) [2021] EWCA Civ 451
Uncertainty of perpetrators and consideration of sexual abuse as a whole
Re M (Fact-Finding Hearing: Burden of Proof) [2008] EWCA Civ 1261, A, B and C (Children) [2023] EWCA Civ 437
Principles relating to ABE interviews and departures from good practice
Re JB (A Child: Sexual Abuse Allegations) [2021] EWCA Civ 46, Re P (Sexual Abuse: Finding of Fact Hearing) [2019] EWFC 27
Outcomes
A contracted gonorrhoea through sexual contact with Y.
Medical evidence, Y's admission of gonorrhoea, timing of symptoms, and unlikelihood of fomite transmission.
Y sexually abused A with a vibrator.
A's credible allegations, description of the vibrator, and lack of alternative explanation.
Supervision Order for A and B with X and Z; Special Guardianship Order for C with Mr and Mrs D.
Children's best interests, A and B's well-being with X and Z, C's thriving in foster care, M's inability to protect children.
M knowingly withheld information from the court and delayed seeking medical attention for A.
M's unreliable evidence, prioritization of relationship with Y over children's well-being, and delayed medical attention.