High Court, in dismissing an application for judicial review by a married father accused of sexual abuse by his now adult niece, holds that the procedures for investigating sexual abuse allegations set out in a 2014 policy document of the respondent state agency are in accordance with fair procedures, and that cross-examination of a complainant could be possible under the procedures.
Application by way of judicial review in which the applicant seeks to prohibit the respondent from continuing an investigation into his behaviour and to prevent it from carrying out any determination of the veracity or credibility of accusations of sexual abuse made against him by his wife’s niece, or from indicating to any third party that the applicant poses a risk to children and/or has sexually abused or may sexually abuse a child - applicant was informed by letter dated 5th February, 2015 that the respondent intended to investigate a retrospective allegation of child sexual abuse by niece, alleged to have been committed by him when she was a minor - niece is now an adult - initial investigation was commenced which was challenged by way of judicial review proceedings which were then struck out as the inquiry was terminated - indicated to applicant that this investigation would now be carried out in accordance with the procedures set out in Policy Document “Policy and Procedures for Responding to Allegations of Child Abuse and Neglect (September 2014)” (“the 2014 Procedure”) - stages of the assessment - alleged abuser has a right to appeal a “final conclusion” - appeal procedure - applicant stated that there were several different standards of proof in the 2014 Procedure - in establishing the 2014 Procedure the respondent complied with its general duty to act fairly, proportionately and in accordance with the principles of constitutional justice - application dismissed.