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‘Daddy touched me’: The Family Court’s Approach to Child Sexual Abuse Allegations in Re C [2022] EWFC 138

29th November 2022 By Arman Khosravi

‘Daddy touched me’: The Family Court’s Approach to Child Sexual Abuse Allegations in Re C [2022] EWFC 138

 

A recent judgment from HHJ Clive Baker outlined how parents and professionals should respond when a child makes an allegation of sexual abuse against a parent.

This case was about a 4-year-old girl who told her mother that her father had touched her inappropriately whilst she was being looked after by him after school one day. The mother told the police who came to ask the child questions about the inappropriate touching the next day. The child was also taken to her doctor for an examination which found redness to the genital area.

In these circumstances, Child Protection professionals recommended that the child be interviewed by specially trained professionals to Achieve Best Evidence (‘ABE’). This usually should be carried out as soon as possible but, in this case, did not occur until 2 and a half months later. A delay such as this is likely to reduce the reliability and the quality of the evidence.

After the allegations were made, the father was arrested and released on bail. The police investigation against him was dropped. Having not seen his child for several months by this stage, the father issued private proceedings.

At the Fact Finding Hearing, the judge felt that the mother was honest about what she had been told by the child and that she was acting to protect her. However, the judge concluded that the father had not sexually abuse the child.

Judge Baker made it clear that it is normal for parents to touch their children. This happens when dressing a child, cleaning a child, playing with a child, and bathing a child. What makes the touching sexual abuse is when:

  1. The touching is not justified, necessary, nor reasonably explained, and
  2. The touching leads to a parent hoping to feel or feeling sexual gratification.[1]

The judge regretted that it had taken almost a year since the allegations were made for proceedings to come to an end and criticized the child protection professionals for failing to act quickly enough.

The judge recommended that when a child makes allegations about sexual abuse against a parent:

  • Professionals must ensure that the child is ABE interviewed as soon as possible;
  • Professionals should consider the case in its whole context by exploring what evidence exists to support the allegations early on in the case;
  • Professionals should carry out risk assessments urgently to avoid irreparable damage to the child and parent’s relations where contact ceases;
  • Professionals should act swiftly to avoid delay in the case being dealt with by the family justice system;
  • Parents should make sure their child sees child protection professionals as soon as possible; and,
  • Where there are physical signs of sexual abuse, parents should take their child to their pediatrician or a medical professional as soon as the signs appear.

Our children’s team at Oliver Fisher is very confident dealing with complex family matters, give us a call on 0203 219 0145 if you would like to know more!

Nicole Wallace

Family Paralegal

 

[1] Paragraph [41]

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