The Court of Appeal has upheld a local authority’s concerns about sexual abuse allegations involving the family of a 15-year-old girl. 

Case Background 

The family, originally from Africa, moved to England, with the eldest child, T, born in 2005. In 2021, T alleged that her step-mother had involved her in sexual activity with two men over a three-year period, threatening her with violence if she disclosed the abuse. 

Initial Hearing and Findings 

In March 2022, during a fact-finding hearing, the local authority sought findings against the father and step-mother for failing to protect T and the younger children. The judge made findings in line with the local authority’s claims, noting inconsistencies in the father and step-mother’s accounts. 

Appeal Process 

The case progressed to the Court of Appeal after the mother and father appealed, initially winning in the circuit court. However, the Court of Appeal reinstated the district judge’s findings, emphasizing that the circuit court failed to follow the correct approach to hearing an appeal on factual findings. 

Comprehensive Evidence Analysis 

The district judge provided a detailed analysis of the evidence, including T’s allegations from an achieving best evidence (ABE) interview. The circuit court wrongly dismissed this evidence, despite the district judge’s thorough review and contextual consideration. 

Judicial Integrity 

The Court of Appeal criticized the circuit court for considering information from the judge’s own online investigations, which had not been presented as evidence. The district judge’s careful and comprehensive approach was upheld, maintaining interim care orders until the proceedings’ conclusion.