Stephen Crispin, David Marusza and Eleanor Howard in A Local Authority v A Mother & Ors [2026] EWFC 102 (B)
21st May 2026 | Cases
Stephen Crispin was instructed by Rowbery Morris for the first respondent mother, David Marusza was instructed by Careys Law for the second respondent father and Eleanor Howard was instructed by Oxford Law Group for the fourth to eighth respondent children in A Local Authority v A Mother & Ors [2026] EWFC 102 (B); a fact-finding in public law proceedings concerning allegations by a child, one of which being, that her older brother had sexually abused her.
The court dismissed serious allegations of intra-familial sexual abuse, forced marriage and honour-based harm following a fact-finding hearing concerning a large family with nine children. The local authority alleged that Girl A had been sexually abused by her older brother and that her parents had failed to protect her, additionally asserting risks of forced marriage and honour-based violence within the family.
The judge concluded that the local authority had failed to discharge the burden of proof. Central to the court’s reasoning was the evidential weakness surrounding the allegations. Girl A’s account changed significantly over time: she initially denied abuse, later alleged abuse, and subsequently retracted her allegations. Importantly, she neither participated in a full Achieving Best Evidence interview nor gave oral evidence, meaning crucial matters could not be tested or clarified. Much of the evidence consisted of brief safeguarding notes rather than detailed forensic interviews, and some questioning had been leading in nature. The court also identified a lack of specificity concerning frequency, circumstances and context.
The judge emphasised that the allegations were not found to be fabricated, nor was the local authority criticised for investigating them. Rather, the evidence simply did not establish that abuse was more likely than not to have occurred. The court similarly rejected allegations of forced marriage and honour-based harm, finding insufficient evidence that the parents intended coercion or punishment.
