CA-2025-001133 - [2025] EWCA Civ 993

Fecha: 28-Jul-2025

Judicial findings

Judicial findings

55.

The Judge made a number of findings of fact which are not challenged in this appeal. In this respect the Judge expressly did not find proved (as the Local Authority had alleged) that either the father or the mother had behaved in a sexually inappropriate manner towards H (findings 1 and 2). The Judge recorded that the parents had accepted that the children were at high risk of intra-familial sexual abuse given the findings which had been made in respect of maternal family members in proceedings which had concluded in 2017 (finding 6). The Judge further found (uncontentiously for present purposes) that;

On or before 7 July 2023 H suffered physical harm by way of inflicted injuries to his thigh; these were non-accidental and were inflicted by his father (findings 11 to 13 inclusive);

ii)

H had set fire to a toaster. This incident was caused by inadequate parental supervision (finding 14);

iii)

The parents have a volatile relationship which has featured verbal and physical abuse, exacerbated by alcohol use (finding 15);

iv)

The children have been present during domestic abuse incidents which would have been frightening and would have caused emotional distress (finding 16);

The mother and father have failed to address their mental ill health and/or psychological difficulties which has negatively impacted upon their ability to parent and safeguard their children (finding 17);

vi)

The father suffers from anxiety and depression which affects his ability to provide good enough parenting (finding 18).

56.

The judicial findings under challenge in this appeal are:

At Hallowe’en 2023, the children were taken to a Hallowe’en party at the house of the maternal grandparents and CH sexually abused H in a number of ways (“a broad spectrum of sexually inappropriate behaviour” as Mr Maynard described it) as alleged by H on 21 April 2024 (finding 3);

ii)

H has displayed the following inappropriate/sexualised behaviour: a) closing the toilet seat on his penis; b) putting toys and his own fingers inside his own anus; c) smearing (faeces); d) thrusting his pelvis against the back of a professional; e) touching adults on inappropriate areas of their body (finding 4);

iii)

The behaviours in finding 4 above are as a result of the sexual abuse that H has suffered and/or inappropriate boundaries within the family home (finding 5);

iv)

The mother and father have continued to associate with the maternal grandparents and maternal uncle (CH) who pose a risk of sexual harm and have continued to expose the children to this risk, demonstrating a lack of insight (finding 7);

The mother and father have allowed the maternal uncle (CH) to have unsupervised contact with H in circumstances where they knew, or should have known, that he posed a risk of harm to children (finding 8);

vi)

The mother was aware that H had been abused by CH and failed to disclose this to professionals or take any measures to protect H or R (finding 9);

vii)

The mother and father have allowed the maternal grandmother to have unsupervised contact with R in circumstances where they were knew, or should have known, that she poses a risk of harm to children (finding 10).