Prosecutors defend decision not to charge in child abuse case

Prosecutors who decided against charging a bar worker branded a child sex abuser by a senior family court judge say decisions would have been made in line with a code of practice.

Mr Justice Peter Jackson, who was asked to make findings of fact by social workers with child welfare responsibilities, has concluded that the man abused his two stepchildren for a number of years.

The judge, who sits in the Family Division of the High Court, said the Crown Prosecution Service (CPS) had decided not to prosecute the man.

But he said he was satisfied to a ”very high degree of probability” that the youngsters – a girl now 17 and her brother now 16 – had been sexually abused and routinely subjected to violence by their stepfather.

And he said his written ruling on the case – which has been published on a legal website – should be disclosed to the CPS and to police.

A CPS spokesman said on Thursday that Mr Justice Jackson had been asked to make findings on a balance of probabilities – not on a beyond-reasonable-doubt criminal basis.

“The investigation of criminal allegations of this kind are a matter for the police,” he said.

“When the police pass files to the CPS, all charging decisions are made in accordance with the Code for Crown Prosecutors.”

He added: “It should also be noted that fact-finding hearings in the family court operate with a lower standard of proof to the criminal court.”

Mr Justice Jackson had analysed the case at a private family court hearing in Preston, Lancashire, after social workers asked for rulings to help them make welfare decisions

No one has been identified in the ruling – which was published on Wednesday.

The judge did not say which police force had investigated.

But he said the local authority involved was Wigan Council – which is based in Wigan, Greater Manchester.

Two police forces – Lancashire Police and Greater Manchester Police – cover that region.

Neither force, nor Wigan Council, have commented on the case.

Mr Justice Jackson said statutory agencies had not protected the teenagers despite “clear warning signs”.

He said the actions of police during one stage of investigations could “only be described as cack-handed”.

And he said a social work assessment of allegations made by the girl had been “superficial and inadequate”.

He said the 17-year-old girl had complained when she was 15.

She had told police and social services staff that she had been “subject to years of gross sexual and physical abuse” by her stepfather.

Police and a social worker had treated her allegation as “credible” but “child protection procedures” had not been invoked.

“She was treated as a child in need and no child protection procedures were invoked,” said Mr Justice Jackson.

“It might well be asked: what was in it for this young person to confide in the authorities if these were to be the consequences?”

Mr Justice Jackson said the mother of the two teenagers had a total of five children by two fathers.

The judge said the 16-year-old boy and the three youngest children – aged 11, six and two – had been placed into care in the wake of his findings.

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