Birmingham City Council v Mother v Ors
[2023] EWHC 905 (Fam)
London Borough of X v M & Ors
29 March 2023
[2023] EWFC 171 (B)
Family Court
Two brothers fought, and the younger one said the older one touched him inappropriately. The judge believed the younger brother was hurt but wasn't sure about the inappropriate touching. The parents didn't fully understand the risks their older son posed, and this made the family situation dangerous for the younger children.
Key Facts
- •Three siblings (Y, Z, and U) are involved in care proceedings.
- •Z made allegations of sexual and physical abuse against his older brother Y.
- •The local authority (LA) sought findings of fact against Y and the parents.
- •The LA's case included allegations of sexual and physical abuse by Y and parental failure to protect.
- •The older brother, A, is a convicted sex offender.
- •The case involved multiple interviews and assessments, some of which were conducted inappropriately.
- •The court considered the evidence of various witnesses, including the children, parents, social workers, and school staff.
- •The court addressed concerns about the reliability of the investigation and interview processes.
- •Y consistently denied the allegations.
- •Z's allegations were inconsistent and lacked clarity in several points.
- •The parents showed a lack of insight and understanding regarding A's offenses and the potential risk to the children.
Legal Principles
Standard of proof in findings of fact hearings is the balance of probabilities.
Re B (Care Proceedings: Standard of Proof) [2008] UKHL 35
Careful consideration of all evidence, even if not specifically cited.
Re T-B-N (Children) [2016] EWCA Civ 1098
Guidance on evaluating allegations made by children and ABE practice.
P (Sexual Abuse: Finding of Fact Hearing) [2019] EWFC 27
Analysis of truth and lies, considering factors beyond simple dishonesty.
Re A, B and C (Children) [2021] EWCA Civ 451
Assessment of oral evidence, considering fallibility of memory and pressures on witnesses.
A (A Child) (Rev 1) [2020] EWCA 1230
Approach to allegations of failure to protect, avoiding assumptions.
Re L-W (Children) [2019] EWCA Civ 159 & G-L-T (Children) [2019] EWCA Civ 717
Linking facts to threshold criteria, demonstrating why facts justify conclusions.
Re A [2015] EWFC 11
Outcomes
Findings of physical abuse against Y were made, but not sexual abuse.
Sufficient evidence established physical abuse (scratching, slapping), but not sexual abuse despite suspicions.
Findings of parental failure to protect were made.
Parents showed a lack of insight and understanding regarding A's offenses and risks, leaving children vulnerable.
Findings of emotional harm to all three children were made.
Family dynamics, parental deficits in understanding and managing risks, and lack of insight created significant emotional harm risk.