Local Authority v S & Ors
[2023] EWFC 85
GO v MM
16 July 2024
[2024] EWHC 2116 (Fam)
High Court
A mom made false accusations of abuse against her ex-husband. A judge found the mom's claims to be lies, but the kids weren't told the truth for over two years. The court blamed social services and therapists for letting this happen. The judge made the mom stop lying, got the kids a new therapist and ordered everyone to tell the kids the truth.
Key Facts
- •Prolonged family court proceedings (since 2019) involving three children (M, S, R) and their parents (GO and MM).
- •Serious allegations of sexual abuse and other misconduct made by the mother (MM) against the father (GO).
- •Fact-finding hearing in 2021 found the mother's allegations to be false and the result of manipulation of the children.
- •Significant delay (2.5 years) in informing the children of the fact-finding judgment's outcome.
- •Failure by the local authority and therapeutic services (Serendipity) to effectively challenge the mother's narrative and correct the children's false beliefs.
- •Appeal by the father challenging the lower court's decision not to inform the children of the fact-finding results.
Legal Principles
The court's paramount consideration is the best interests of the children.
Inherent jurisdiction of the Family Court
The court has a duty to ensure that children are not exposed to false and damaging narratives.
Implied from the court's actions and judgment
Failure by professionals to challenge a false narrative can be grounds for judicial intervention and criticism.
Judge's criticism of local authority and Serendipity
Outcomes
The appeal was allowed.
The court found that the significant delay in informing the children of the fact-finding judgment's outcome caused significant harm. The failure to challenge the mother's false narrative was a serious omission. The best interests of the children demanded the truth be revealed.
New therapeutic intervention ordered.
To address the damage caused by the false narrative and facilitate the children's understanding of the true facts. Therapeutic Life Story Work International was appointed.
Mother barred from repeating false allegations.
To protect the children from further emotional harm.