Sitting at the Royal Courts of Justice
IN THE MATTER OF s 31 of THE CHILDREN ACT
AND IN THE MATTER OF Y (A Child) (Born 22nd August 2013)
Strand, London, WC2A 2LL
B e f o r e :
| A local authority
|Y (A Child)
Elizabeth Isaacs QC and Patrick Wainwright (instructed by Solicitors) for the 1st Respondent
Ms Sparrow and Nick Brown (instructed by Solicitors) for the 2nd Respondent
Richard Hadley and Kirsty Gallacher (instructed by Solicitors) for the 3rd Respondent child
(By his Children's Guardian)
Hearing dates: 15th to 25th February and 14th March 2016
Crown Copyright ©
The Honourable Ms Justice Russell DBE:
The background: Syria
Conviction for terrorism offences
Local authority's case in respect of T: s 31 threshold
"Evidence cannot be evaluated and assessed in separate compartments. A judge in these difficult cases must have regard to the relevance of each piece of evidence to the other evidence and to exercise an overview of the totality of the evidence in order to come to the conclusion of whether the case put forward by the Local Authority has been made out to the appropriate standard of proof."
The hearing and evidence
Travel to Syria
In Syria and findings in relation to T and Y
• On the 1st December 2014 on WhatsApp "no bombs today" and images of buildings on fire.
• On the 13th December 2014 in conversation with her brother on "They do bomb a lot but we will stay in another place when you visit…"
• On the 17th December messages with a friend "Do they bomb close to your house?" T answers; "Yes very close to the house – the house shakes" and "they just bomb from the sky".
• On the 25th December 2014 at 10.58 from T "they bomb my house every day - - my house shakes…"
• On 25th December 2014 conversation with her friend who asks "why won't I like it" – "because too much bombs and not like England – war here never going to end???"
• On the 27th December from T "they bombed once today – gave number to friend if we die she will WhatsApp u"
• On the 30th December 2015 a message from M referred to "30 bombs" falling in one day
• When she was interviewed by the police on 19th February 2015 T is recorded as saying "it's no place for a child…. when they would bomb we would have to go into the basement – you could see the smoke – close smoke …"