Re S (A Child: Findings of Fact)
[2023] EWCA Civ 346
N-C (Sexual Abuse Allegations), Re
22 May 2023
[2024] EWFC 174 (B)
Family Court
A girl said her dad was abusing her. Even though there were problems with how the police investigated, a judge believed the girl because her story was consistent and made sense. The judge didn't blame the mom for not noticing, but said she could have been more attentive.
Key Facts
- •A (child of the mother and another man, Z) alleged sexual abuse by her father (also the father of siblings B and C) from approximately 2015 until July 1, 2022.
- •The local authority alleged the mother failed to protect A.
- •The father denied all allegations.
- •A initially made the allegations to a friend, who then informed the school.
- •A subsequently retracted her allegations, expressing a desire to preserve the family unit.
- •The investigation involved interviews with A, B, C, the mother, the father, school staff, and social workers.
- •Significant procedural flaws were identified in the investigation, including the lack of proper planning, inconsistencies in notes, and leading questions.
- •The court considered evidence from various sources, including A's ABE interview, the Discord messages between A and a friend, and witness testimonies.
Legal Principles
The burden of proof in fact-finding hearings rests on the local authority; the standard is the balance of probabilities.
A Local Authority v W (No 2) [2020] EWFC 68
Findings of fact must be based on evidence, not speculation; the court considers the 'broad canvas' of evidence.
A Local Authority v W (No 2) [2020] EWFC 68
The evidence of parents and carers is crucial; the court assesses their credibility and reliability.
A Local Authority v W (No 2) [2020] EWFC 68
Achieving Best Evidence 2011 and Working Together 2018 guidelines for investigating child sexual abuse must be followed.
Re P (Sexual Abuse – Finding of Fact hearing) [2019] EWFC 27
Outcomes
The court found the father's allegations to be true.
The court found A's account to be compelling and consistent despite investigation flaws. The court weighed the totality of the evidence, considering A's demeanor, the Discord messages, and the lack of motive for fabrication.
The court did not find the mother failed to protect A.
While the mother did not adequately follow up on A's attempts to disclose the abuse, the court found she did not fully understand the seriousness of the situation and that her failure stemmed from being preoccupied with work and parenting stressors.