Edward Lamb KC and Tara Vindis, instructed by Enfield Legal Services, successfully defended an appeal that dealt with the retraction of allegations; burdens of proof and deficiencies in investigatory procedures relating to allegations of sexual abuse within a family. Tara Vindis was instructed for the fact finding hearing in which the findings were made by HHJ McKinnell.
Facts
A girl made repeated allegations of sexual abuse against her stepfather, KK, over a number of years, ultimately retracting all of them.
The Circuit Judge at first instance made findings that KK had sexually abused A in a number of ways and that the mother had not responded appropriately to her allegations and had not protected her. The first instance Judgment is found at K-K (Children) (Fact Finding: Retracted Allegations) [2024] EWFC 271
KK (Penny Howe KC and Sandra Fisher) and the mother (John Tughan KC and Lauren Bovington) appealed. The appeals were supported by the child ‘A’ (Joanna Youll). The local authority and the remaining children’s guardian (Mark Twomey KC and Victoria Roberts) opposed the appeals.
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