Komal Patel represents the guardian in the fact-finding case of F v M & Anor [2026] EWFC 133 (B)

23rd June 2026

Komal Patel (pictured) represented the guardian in F v M & Anor [2026] EWFC 133 (B), a private law children case, in which HHJ Owens delivered a fact-finding judgment concerning allegations of physical and sexual abuse made by a child against her father.

Whilst the allegations themselves were serious, the wider significance of the decision lies in the court's examination of professional practice when allegations of abuse are made and, in particular, the continued relevance of the guidance provided by MacDonald J in AS v TH (False Allegations of Abuse) [2016] EWHC 532 (Fam) and Re P (Sexual Abuse: Finding of Fact Hearing) [2019] EWFC 27.

The central message running through all three decisions is clear: while allegations must be taken seriously and children must be listened to and protected, professional vigilance must be accompanied by professional objectivity. Safeguarding and fairness are not competing objectives; each depends upon the other.

F v M & Anor [2026] EWFC 133 (B) is noteworthy not because it establishes a new legal principle, but because it revisits a recurring concern within family justice: the risk that allegations may be approached from a position of belief rather than inquiry. In doing so, HHJ Owens reinforces the importance of maintaining an open mind, carefully evaluating the evidence, and avoiding assumptions, however well intentioned, that may compromise the integrity of the fact-finding process.

Click here to read Komal’s analysis, first published in Family Law Week.

Komal Patel is a specialist family barrister with a substantial practice in financial remedies and private law children proceedings. She is regularly instructed on behalf of parents, children through their Rule 16.4 Guardians, and vulnerable parties in complex and highly contested family litigation.

To contact or instruct Komal, please email any of 3PB’s specialist family clerks on [email protected], or telephone them on 0330 332 0773.