Non-Sexual Transmission of Gonorrhoea in Children Cases
Liverpool City Council v M and F and P [2024] EWFC 318 (B)
Avaia Williams, a first six pupil under the supervision of Sara Anning and Rebecca Musgrove, explores the fact-finding judgment in Liverpool City Council v M and F and P [2024] EWFC 318 (B). This case examines the complex issue of inferring sexual abuse versus nonsexual transmission in cases involving sexually transmitted infections in children.
The case concerned a six-year-old girl, C, diagnosed with gonorrhoea, with no allegations of abuse made by the child. The local authority sought findings against the mother or maternal uncle, asserting the infection must have been sexually transmitted. However, expert evidence highlighted the rare but plausible alternative of nonsexual transmission via fomites (such as shared towels in a humid environment).
The Court, guided by established principles, scrutinised the evidence holistically and found insufficient proof of sexual abuse and concluded that the likely cause was nonsexual transmission due to the uncle’s poor hygiene while contagious.
This judgment reiterates the necessity for thorough, evidence-based evaluations in such cases, avoiding premature conclusions based on the presence of an STI alone. It also highlights the broader implications for culpability and significant harm findings, even where transmission is nonsexual – the infection itself being a cause of harm, rather than the way it has been communicated.
It is understood that the Local Authority is appealing this decision.
The full summary on Family Law Week can be found here.
The full Judgment can be found here.
