Judge attacks social service department over abuse claims

By The Press Association12th May 2015News EnglandBristol, Child Protection, Local Authorities, News England, Somerset

Social services bosses have been criticised by a family court judge after a man was accused of physically abusing his son.

Judge Stephen Wildblood said staff at Somerset County Council had “got nowhere near” proving allegations made against the man.

He said it was “perfectly plain” that there had been “no realistic assessment” of evidence.

The judge said the “root source” of the allegations was the boy – and he said was the boy was “not a reliable source”.

Detail of the judge’s criticisms has emerged in a ruling following a private family court hearing in Bristol.

He said the family could not be identified.

But he named Somerset County Council as the local authority involved.

The judge said the boy was 10 and the man in his 30s.

He said he had been asked to make findings of fact relating to the treatment of the boy.

The judge said he had rejected most allegations made by the council and said much of the council’s case had “rested” on the things the boy had said.

“I am critical of the local authority,” said Judge Wildblood.

“I consider that it has approached this hearing without any adequate consideration of the quality of the evidence that it could place before the court. Its approach has been unrealistic and lacking in analysis. As a consequence, scarce resources have been wasted.”

He added: “My overall opinion is that the local authority has got nowhere near demonstrating even to the civil standard of proof that the allegations of physical abuse against the father have been made out.”

Judge Wildblood said it was “possible” that some allegations that the man had “caused bruising” were true.

But he added: “The evidence gets nowhere near satisfying the standard of proof that is required and to make findings against the father would be the height of speculation. The root source of the allegations is (the boy) and (the boy) is not a reliable source. There is a very clear possibility that all of the allegations of physical abuse are false.”

He said the man had been accused of punching his son, holding him by the neck, putting the youngster in a cold bath and not giving him enough food.

The man denied the allegations.

“It was perfectly plain to me that there had been no realistic assessment of the evidence that was being placed before me by the local authority, upon whom the burden of proof rests,” added Judge Wildblood.

“Huge parts of relevant and important evidence had been omitted in the local authority’s analysis.”

The judge added: “There has been no overview by the local authority … about the reliability of the child’s evidence. That is not the fault of this child.”