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MS ROBERTS (Counsel) appeared on behalf of the Respondent Mother
MS BARRAN (Counsel) appeared on behalf of the Respondent Father
MR FLETCHER (Counsel) appeared on behalf of OP
MR DAVIES (Counsel) appeared on behalf of the Child through the Guardian
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Crown Copyright ©
HHJ SUH:
Background
Procedure
Evidence
Threshold
Welfare
"QR appears to have changed most significantly in terms of his behavioural presentation, whereas the boy I met in 2022 was polite, wanted to please me and was described by his teachers as well-behaved and conscientious. He now displays several difficulties with his behaviour and particularly at peers when led by OP. He is often late for school, refuses to go to bed, or engages in silly behaviours during lessons. While QR's behavioural presentation means that others can view him as an intentionally resistant and rude, I wonder what this reflects about his emotional presentation. When engaging in my assessment and talking about those things that worry him, it was most evident that QR found it hard to manage those conversations, but had few skills to cope, meaning that he became rude and silly as a way of coping and avoiding conversation. It feels as if QR is feeling frightened, angry and unhappy, but have few skills to cope."
"The situation is awful. I feel that the way in which OP and QR engaged with my assessment and their emotional and behavioural presentation reflects that they are clearly not coping and would benefit from support. They have not learned to trust adults, meaning that they will not speak to anyone and are unlikely to engage with any professional who tries to support them. I do not think they have the skills to communicate how they are feeling to others."
"Her historical deference and dependence on a stronger personality and her tolerance of sexual abuse are entrenched. She is also, in my view, not a psychologically minded person and, perhaps, lacks the complexity of conceptual thought to reflect on her victim experiences of sexual abuse and her subsequent shortcomings as a protective parent. Hence, I am not confident that therapy or safeguarding work would bring about significant positive change. The mother was offered sessions with Lucy Faithfull Foundation, but did not attend them all reliably."
"It might be the case that the children's father will remain in [redacted] and the children will not encounter any individuals posing sexual risk in the future. However, if they do encounter risky individuals in the future, or if their father returns to the UK, I would not be confident in mother's capacity to protect the children from emerging signs of risk, and this illustrates the need to address her therapeutic journey in order to be better able to protect her children in the future".
"She was unable to assure me that she would act differently if she was in another abusive relationship. Her solution is that she will focus on the children and not get into any other relationship. I have asked the mother to tell me good things about herself, and she struggled to say anything positive about herself, despite thinking hard about it, because of her low self-esteem and poor understanding of domestic abuse. She remains vulnerable to being in relationships where there is domestic abuse. Irrespective of her separation from the father, I am minded that their relationship is a long one and the mother's need to be in a relationship appears to have been prioritised over the basic care of the children when the couple were together."
"the mother was in complete denial about the unequal power dynamics between her and the father, which probably contributed to creating a domestic environment where incest occurred. I am glad that the mother now accepts that this was not a healthy relationship, and I am glad that she agrees to be signposted to more domestic abuse work. I really want to give her credit for her part-time job. She has done that for herself. She is getting some more financial independence, but it seems to me that she has some way to go in minimising the risk of future harm in this respect."
"The mother presents as being friendly and kind and very respectful. Throughout my working relationship with the mother, she has demonstrated some ability to take on board advice provided to her, particularly in relation to the children's phone or praising them when they behave well at school and in their placement. She has never been disrespectful towards me. She has encouraged her children not to be disrespectful towards adults, and she is always smiling no matter what the situation is, which makes her a very pleasant person to work with."
"[ I was at ] the mother's home address on the 16/07/2024 following concerns that OP and QR were attending the home address. OP and QR were both seen entering the home at 4:53pm (please see pictures of the boys entering and leaving the home). It is important to note that upon arrival to the home address at 4:40pm, I rang the mother and she confirmed she was at
work and that she will finish at 6pm. At 6:30pm, the mother arrived home and at this time, OP and QR was still at the address. The mother was observed leaving the home at 18:58 and returned at 19:13 with a white plastic bag in her hand which appeared to have takeaway food inside. OP and QR did not exit the home address until approximately 8:02pm. I confronted the mother about the boys being at the address, the mothed looked straight at QR and OP
and asked them "what are you doing here" and she then said to me, they were not in her house. At the time, the mother was not aware that I had already spoken to the boys and asked them why they were at the home, and they did not deny being there. I am worried that the mother did not encourage OP and QR to leave immediately after returning home, despite having a conversation with her on the 19/10/2023 whereby she was advised to encourage the boys to return to their placement if they were to attend her address".
Similarly, in her September statement, the social worker notes that although the police visited the home on 4 September 2024 to check on UV, the mother did not tell the social worker this, even though she saw her at court the next day.
"The mother was informed that OP had been suspended from school, but Ms A did not raise this with OP, nor did she admonish him. When I raised this with her after contact, she said she had addressed this before, but I am concerned that when the mother avoids raising issues, it reaffirms to her son that there is nothing wrong with his behaviour. Through her unspoken words and silence, she is indirectly giving mixed messages to her son about there being nothing wrong with his behaviour."
"if they were to return to their mother and professionals could be sure she could provide a stable, safe and supportive environment, this would need to be one in which the mother can support them emotionally, set the boundaries around their behaviour, meet their physical and health needs, protect them from harm and the dynamic of abusive relationships. However, on reading the assessments and considering the boys' presentation, I have significant concerns that the mother will not be able to offer what they need. I feel that due to the impact of their experience, they are more vulnerable than other children and, in particular, will need more stability and boundaries".
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