Birmingham City Council v M & Ors
[2023] EWHC 3312 (Fam)
X (Children: Alleged Physical Abuse), Re
31 October 2024
[2024] EWFC 305 (B)
Family Court
A girl told her teacher her parents hit her and her brothers. Social workers and the school made many mistakes in how they investigated. The judge decided there wasn't enough proof the parents hit the children, even though the parents reacted badly to the allegations. The case teaches us how important it is to follow the rules when investigating child abuse.
Key Facts
- •Care proceedings involving three children (Penny, Alan, and David) after Penny disclosed alleged physical abuse by her parents to a teacher.
- •Allegations included physical chastisement using implements, parental lies, emotional harm to Penny, and failure to assess Alan and David for additional needs.
- •Penny's accounts varied across multiple disclosures to different professionals, leading to inconsistencies.
- •Significant procedural errors occurred in information gathering and recording by school staff and social workers, failing to adhere to ABE guidelines.
- •The judge found that the allegations of physical abuse were not proven due to insufficient reliable evidence and procedural flaws.
- •The judge found some evidence of emotional harm caused by the parents' reaction to Penny's allegations, but not to the extent of significant harm.
Legal Principles
Threshold for state intervention in care proceedings requires proof that a child has suffered or is likely to suffer significant harm attributable to parental care.
Children Act 1989, s.31
Findings of fact must be based on evidence and not on suspicion or speculation.
Re J (A Child) [2015] EWCA Civ 222
Importance of chronological structuring of evidence to evaluate the cogency and veracity of a child's allegations.
Re S (A Child: Findings of Fact) [2023] EWCA Civ 346
Importance of examining the first account of alleged abuse, circumstances of the account, and subsequent treatment.
Re P (Sexual Abuse – Finding of Fact Hearing) [2019] EWFC 72
Need to adhere to ABE guidelines for interviewing children; significant departures reduce the weight attached to the interview.
Achieving Best Evidence in Criminal Proceedings; Re JB (A Child)(Sexual Abuse Allegations) [2021] EWCA Civ 46; Re P (Sexual Abuse: Finding of Fact Hearing) [2019] EWFC 27
A witness who has lied is not automatically without evidential value; conditions must be met for a lie to amount to corroboration.
Re H-C (Children) [2016] EWCA Civ 136
The court must resist the 'child protection imperative' and afford unsatisfactory evidence only its proper weight.
Re B (Allegation of Sexual Abuse: Child’s Evidence) [2006] 2 FLR 1071
Outcomes
Allegations of physical chastisement were not proven.
Insufficient reliable evidence due to inconsistencies in Penny's accounts and significant procedural errors in evidence gathering; consistent denials by Alan, David and parents; lack of corroborating evidence.
Some allegations of emotional harm were proven.
Parents pressured Penny to retract allegations, removed her phone, and showed her videos about foster care; actions caused emotional distress but did not reach the threshold of significant harm.
Allegations of dishonesty and failure to meet children's needs were not proven.
Lack of sufficient evidence to support the claims.