The Process for ABE Interviews and Re W Applications in Child Sexual Abuse Cases Re E (A Child) [2016] EWCA Civ 473
| Author | Zach Leggett |
| Published date | 01 October 2016 |
| Date | 01 October 2016 |
| DOI | http://doi.org/10.1177/0022018316667116 |
| Subject Matter | Court of Appeal |
Court of Appeal
The Process for ABE Interviews and Re W
Applications in Child Sexual Abuse Cases
Re E (A Child) [2016] EWCA Civ 473
Keywords
Child protection, family proceedings, child witness, ABE interviews, best evidence, Article 6, legal privilege
This family law case will be of particular interest to criminal practitioners in light of the court’s
observations about the proper conduct of ABE interviews.
The appellant in this case was Mr E. Mr E is the father of child A, who was 15 years old at the time of
the hearing. Child A was friends with children from another family, their mother being Ms F. They were:
B, a younger boy also aged 15; C, a boy aged 10; and, D, a girl aged 8. On 24 February 2015, A was
caught stealing while he was with B, C and D at a local shop. The police located both sets of parents, who
were in an inebriated and aggressive state, at the home of Ms F. The children were subsequently placed
into police protection overnight. A was returned home but B, C and D remained in foster care and
became the subjects of care proceedings.
On 20 May 2015, D made allegations to her foster carer that she and her brothers had been sexually
abused by Mr E and his son, A. More allegations were made five days later and they were corroborated
by allegations from B and C. After a delay while the children were taken on a pre-arranged holiday, ABE
interviews were conducted on 27 May 2015 and it is the process of these interviews which form one of
the grounds of the appeal. In June, the investigating officer visited the children’s home to pose additional
‘fast track’ follow-up questions in order to gain clarity and assist with the chronology of the alleged
conduct.
Both A and Mr E were interviewed under caution on 29 May and both denied the allegations. A police
investigation was carried out, which involved medical examinations of the children, obtaining financial
statements of Mr and Mrs E, visiting the hotels where the children alleged that incidents took place and a
search of the family home including the seizure and interrogation of electronic devices. Two of A’s
young friends were also interviewed. At the end of the investigation, the police concluded that there was
insufficient evidence to bring criminal charges. The police also concluded that the ABE interviews could
not be used in court and the investigation was closed.
Child A was subject to care proceedings and Her Honour Judge Watson carried out a fact-finding
investigation as part of these proceedings. Mr E appealed against those findings.
Earlier in the proceedings, at an Issues Resolution Hearing, the appellant made an application for B, C
and D to give oral evidence at the fact-finding hearing. This request was refused by the judge. The fact-
finding hearing began on 3 December and the judge watched the DVDs of the ABE interviews. On day
two of the hearing, an application was made by the appellant to have the police officer who carried out
The Journal of Criminal Law
2016, Vol. 80(5) 285–302
ªThe Author(s) 2016
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DOI: 10.1177/0022018316667116
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