How should the Family Court approach serious allegations of sexual abuse where the alleged perpetrator has already been acquitted in criminal proceedings? – Matthew Brookes-Baker, Oliver Powell and Fazeela Ishmael in A and B, Re (No. 1) (care – fact-finding – sexual abuse) [2026] EWFC 246
1st Sep 2026 | Cases
Following a Crown Court acquittal, the Family Court considered afresh a teenager’s allegations of serious sexual abuse by her stepfather and the resulting risk of harm to both her and his six-year-old daughter in A and B, Re (No. 1) (care – fact-finding – sexual abuse) [2026] EWFC 246.
HHJ Vincent conducted a fact-finding hearing concerning allegations by A, who was approaching seventeen, that she had been sexually abused by her stepfather, Mr Z. Although Mr Z had previously been acquitted of criminal charges arising from A’s allegations, the Family Court considered the evidence independently, applying the civil standard of proof. The judge found A’s evidence consistent and credible and Mr Z’s evidence unreliable, concluding that each allegation of sexual abuse was proved, including serious sexual assaults, rape, sexual communications and threats to kill A or her mother if she disclosed the abuse.
The court found that A had suffered significant and potentially lifelong harm. Although her younger sister B had not herself been sexually abused, Mr Z’s conduct placed her at risk of future sexual or emotional harm.
Oliver Powell was instructed by Careys Law for the first respondent mother. Matthew Brookes-Baker was instructed by Griffiths Robertson for the fourth respondent child (A). Fazeela Ishmael was instructed by Oxford Law Group for the fifth respondent child (B) through her Children’s Guardian.
