multiple sources of evidence showed D’s extreme reluctance to have any contact, even indirect contact, with her mother
multiple sources of evidence showed D’s extreme reluctance to have any contact, even indirect contact, with her mother;
D’s disclosure was not made until she had established a relationship with a trusted professional outside the family (the foster carer);
D’s disclosure was not made until she had moved to what may fairly be considered a place of safety (foster carer’s home)
the evidence clearly described the painstaking way in which D slowly, reluctantly, and in apparent distress, disclosed details of the alleged sexual abuse;
D’s ABE interviews demonstrated her difficulty in verbalising the most intimate aspects of the alleged sexual abuse and her preference for explaining these matters with the aid of props.
- 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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