Local Authority v S & Ors
[2023] EWFC 85
Birmingham City Council v M & Ors
12 December 2023
[2023] EWHC 3312 (Fam)
High Court
Two older sisters said their stepfather sexually abused them. The younger siblings said their parents hit them. The court believed the children, not the parents. The children are now in foster care, and will have visits with their parents.
Key Facts
- •Care proceedings concerning two children, AA (10) and BB (8), due to allegations of sexual abuse and physical abuse.
- •Allegations of sexual assault against the father (F) by the mother's (M) older daughters, TT (17) and SS (16).
- •M's disbelief in the allegations and her telling AA&BB they were lies.
- •Allegations of inappropriate touching and sexualized behavior by F towards M's niece, NN.
- •Allegations of physical abuse (chastisement) by both parents.
- •Allegations of both parents exposing AA&BB to domestic abuse.
- •M's consistent support for F, even after allegations surfaced.
- •M's initial denial of the allegations, followed by a change in stance and then another reversal.
- •F's consistent denial of all allegations.
- •Multiple statements and interviews from children, parents, witnesses, and social workers.
Legal Principles
Burden of proof rests on the Local Authority (LA), using the civil standard of proof (balance of probabilities).
Children Act 1989
Court must assess disputed allegations based on evidence, not speculation. Logical inferences can be drawn from accepted evidence.
Devon CC v EB [2013] EWHC 968
Analysis of alleged lies must consider if the lie was told, and the reason for it. A lie about one issue doesn't automatically invalidate all testimony.
R v Lucas [1981] QB 720
Compliance with ABE guidance is crucial in assessing children's evidence, but minor deviations don't automatically invalidate testimony if the overall evidence supports the findings.
S (A Child: Findings of Fact) [2023] EWCA Civ 346; Re P (Sexual Abuse - Finding of Fact Hearing) [2019] EWFC 27; Re JB (A Child) (Sexual Abuse Allegations) [2021] EWCA Civ 46; AS v TH and Others [2016] EWHC 532 (Fam)
A finding of failure to protect requires more than mere imperfection in parenting; it necessitates demonstrating the child was at risk of significant harm due to the parent's actions or inaction.
L-W Children [2019] EWCA Civ 159
Welfare checklist in Children Act 1989 applies in determining welfare outcomes.
Children Act 1989
Outcomes
Threshold findings of sexual abuse against F by TT and SS, and physical abuse by both parents, were made.
The court found the children’s testimony credible and consistent, supported by the evidence of NN. The parents' evidence was deemed unreliable and self-serving.
Care order made, with children remaining in foster care.
The court found it was in the children's best interests due to the parents’ failure to protect and the established abuse.
Fortnightly contact with parents until a review in February 2024.
The LA agreed to this schedule; the court did not impose stricter control.