Re S (A Child: Findings of Fact)
[2023] EWCA Civ 346
Cornwall Council v M & Ors
2 November 2023
[2023] EWFC 188
Family Court
A mom wanted to stop dad from letting the police talk to their daughter about old abuse claims. The judge said no, because the police are allowed to investigate crimes, and one parent already agreed. The judge is worried about the daughter, but letting the police do their job is more important unless things are really, really bad.
Key Facts
- •A mother applied for a section 8 order to prevent the father from consenting to a police interview of their 9-year-old daughter (F) regarding allegations of sexual abuse by the mother's partner.
- •Previous allegations led to family and criminal proceedings, with initial findings overturned by the Court of Appeal due to flawed ABE interviews.
- •The police and CPS decided to conduct another ABE interview despite the passage of almost three years since the alleged events.
- •The mother, local authority, and Guardian expressed concerns about the proposed interview's probative value and impact on F's welfare.
- •The court considered whether the police require consent from both parents for a child interview, the availability of remedies under section 8 CA 1989, the court's power to prevent the police interview, and whether such power should be exercised.
Legal Principles
The police only need consent from one parent with parental responsibility to interview a child if the child cannot understand the implications of the interview.
Achieving Best Evidence Guidance on Interviewing Victims and Witnesses 2022
A prohibited steps order under s8(1) Children Act 1989 prevents a specified step by a parent without court consent.
Children Act 1989, s8(1)
A specific issue order gives directions to determine a specific question regarding parental responsibility.
Children Act 1989
The court can control consent to a child's interview as an aspect of parental responsibility under section 8 or inherent jurisdiction. The test is a balance of rights and interests, with child welfare not paramount.
Chief Constable of Greater Manchester v KI and KW [2007] EWHC 1837
The court should not interfere with police investigation unless exceptional circumstances warrant intervention to protect the child, considering wider factors including serious crime investigation.
Re B [2022] EWCA Civ 982
The High Court should not assume a supervisory role over decisions of other public authorities.
A Ward of Court (Wardship Interview) [2017] Fam 369, citing Re W (A Minor)(Wardship: Jurisdiction) [1985] AC 792
Outcomes
The mother's application for a prohibited steps order (or specific issue order) was refused.
The court found that the circumstances did not justify interfering with the police investigation, especially as one parent had consented. The test applied was from Re B, emphasizing exceptional circumstances are needed to interfere with police functions.