Additional documentary evidence
Additional documentary evidence
Following the grant of permission to appeal, the Appellant’s solicitor supplied 59 pages of evidence in the form of correspondence between the Appellant and D’s school and various reports and plans for D produced by the local Children’s Services Department. This evidence was generated from 2015 to 2017 that is before D made her allegations of sexual abuse. The solicitor did not provide submissions on how this evidence was said to support the Appellant’s case. We note that the Children’s Services evidence demonstrates D’s consistent refusal to have contact with, or return to live with her mother the Appellant, but that the Appellant, whilst retaining a close interest in arrangements for her daughter’s care, did not place any pressure on D to change her mind about contact or living arrangements.
Subsequently, a further 352 pages of evidence were supplied by the Appellant’s solicitors. This evidence was in the form of correspondence, reviews, plans and reports related to D’s education, health and care arrangements. This evidence largely told the same story as the 59 pages of evidence previously supplied although we note that the report of a detailed Children’s Services assessment of D stated:
“There remain gaps in our understanding and questions about the extent of [D’s] behaviours as a result of the above. There is a feeling that there is more that has impacted on [D] that we have not identified as of yet.”
- Heading
- The decision of the Upper Tribunal is to DISMISS the appeal
- D's allegation that she was sexually abused by her mother (the Appellant)
- DBS’ decision-making
- Grounds of appeal
- Additional documentary evidence
- Legal framework
- Examination-in-chief
- The Appellant’s witness statement
- recounts the Appellant’s long history of work in the charitable and caring sectors
- Appellant’s cross-examination
- when D reached puberty in 2014/15 she ‘shut down’ and became very angry
- she denied ever having said that she did not want D to live with her
- the Appellant was taken to the transcripts of D’s ABE interviews. She was asked about D’s statement that the Appellant would be present in the bathroom when D took a bath or shower. The Appellant said
- Re-examination
- Arguments
- The Appellant
- Conclusions
- D’s disclosure of sexual abuse
- multiple sources of evidence showed D’s extreme reluctance to have any contact, even indirect contact, with her mother
- Working Together to Safeguard Children: 2023 Statutory Guidance (HM Gov, 2023) includes advice for practitioners on possible indicators of abuse short of a direct allegation of abuse. These include “c
- Learning for the Future: Final Analysis of Serious Case Reviews , 2017 to 2019 (DfE, 2022) refers to how difficult it is for children to talk about abuse (5.4.2), that disclosure of abuse often follow
- Achieving Best Evidence in Criminal Proceedings (Ministry of Justice, 2022) notes that children who have experienced a traumatic event may need breaks when being interviewed about those events (2.235)
- the Appellant’s skeleton argument submits that the allegations were fabricated by D and her ex-husband
- Ground 1 – conclusions
- Ground 2 – conclusions
- Conclusions
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