A Trust v E & Anor

[1] This decision relates to the issue of whether a full fact-finding hearing should be held in relation to threshold issues arising in this case (as the applicant Trust contends) or whether the court can proceed to the welfare stage of the proceedings on the basis of concessions as to the threshold stage made by E (the mother) and by S (the father).

[2] The essential background can be stated shortly. The court has before it an application by the Trust in respect of C under Article 50 of the Children (Northern Ireland) Order 1995. C is female and is currently aged 14. The Trust's application is for a care order. The application is dated 1 June 2012.

[4] As a result of the above, the father left the family home and C's name was placed on the Trust's Child Protection Register under the category "Confirmed Sexual Abuse".

[5] According to the Trust's application, thereafter C did receive some therapeutic services from the NSPCC. In the course of receiving these C at one point indicated that "there were some secrets, important ones, which she couldn't talk about".

[6] In the period from 2004, it was the Trust's understanding, in part from what it had been told by the mother, that the father no longer resided at the family home. Consequent to this understanding, the Trust removed C's name from its Child Protection Register on 29 June 2007. Later, on 4 March 2008 the Trust closed C's case in the belief that the risk to C had been reduced with the father no longer living at home and having little, or no, contact with C. The mother was believed by the Trust to have a moderate to high ability to protect C.