K-K (Children), Re
[2024] EWCA Civ 1025
K-K (Children : Fact Finding : retracted allegations), Re
15 April 2024
[2024] EWFC 271 (B)
Family Court
A girl said her stepfather hurt her. The judge believed her, even though she later said she lied because she felt guilty about her family breaking up and wanted things to go back to normal. The judge also said the girl's mum didn't do enough to protect her and punished her unfairly.
Key Facts
- •Allegations of sexual abuse were made by 13-year-old Child A against her stepfather.
- •Child A retracted the allegations on several occasions.
- •The mother was aware of the allegations in 2017/2019 but did not report them.
- •The mother shaved Child A's head as punishment for lying after the November 2022 allegations.
- •The father did not participate in the proceedings.
Legal Principles
Burden of proof is on the Local Authority (LA) on the balance of probabilities.
Children Act 1989
All evidence is admissible, including hearsay, but weight should be given accordingly.
Family Court Practice
Court assesses witness credibility based on demeanor, memory, probabilities, and contemporaneous documents.
Re B-M (Children: Findings of Fact [2021] EWCA Civ. 1371
ABE guidelines are desirable but not mandatory; delays in interviewing children affect memory.
Achieving Best Evidence guidelines; Re J (Care Proceedings) [2024] EWCA Civ 22
A finding of failure to protect is not inevitable if a parent lives with the perpetrator.
Family Court Precedent
Lucas direction: If a witness lies about one thing, it doesn't mean they lie about everything.
Lucas v DPP
Outcomes
The stepfather sexually abused Child A.
Court considered contemporaneous documents, witness testimonies, and the stepfather's lack of credibility.
The mother failed to protect Child A.
Mother knew of allegations but did not report them to professionals, prioritizing her relationship with the stepfather.
The mother shaved Child A's head as punishment for lying and not apologizing.
Court found the mother's explanation implausible and inconsistent with evidence.