The Law Courts, Mary Rd, Guildford, Surrey GU1 4PS |
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B e f o r e :
(judge of circuit judge level)
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D and N F |
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SCC |
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Crown Copyright ©
His Honour Judge Nathan:
i) First - Home conditions were indescribably filthy. The children were exposed to squalid and insanitary conditions described in graphic detail by police officers whose evidence the judge absolutely accepted. The impact conditions in the home had on 3 police officers are set out in the judgement at paragraphs 10, 11 and 12. The social workers description of the house is set out at paragraph 14. The conditions described were the worst that one police officer had ever seen in 12 years of service, the smell causing him to almost vomit. One officer found the ammonia from urine so pungent that it made his eyes burn. Another described a dog covered in urine and faeces just released from an insanitary cage. It ran to 21 month old toddler N licked and pawed him then ran to the officer smearing it's excrement on his trousers. Subsequently the mother was found guilty of neglect in criminal proceedings. 19 dogs also kept in the house in what was found to utterly squalid conditions, resulted in successful prosecutions by the RSPCAii) Whilst the parents had provided a house which was " not fit for human, let alone a child's habitation", the judge was satisfied that this was not just at the time of police visits on the 18th and 23rd of March 2010 or indeed just in that month. It was not however a continuous situation, since the house was reported as clean and tidy in September 2009. It was, he found, a recurring theme, probably at its worst in March 2010. (Paragraph 29), but there were references to what were described as 'disgusting' and 'appalling' conditions in the home almost 10 years before as reported in the log of no fewer than 29 police call outs between 2003 and 2009.
iii) The Judge found that there was "no reason to believe that it will not deteriorate again. The father seemed oblivious to the mess", whilst "the mother was not equipped reliably to avoid a deterioration and she was dominated by the father" (paragraph 68)..
iv) Moreover, the judge found, "Once the four-year ban on keeping dogs was over, dogs were bound to return" (paragraph 68)
v) The judge also accepted evidence of M's unkempt and malodorous presentation at school, poor school attendance, virtual illiteracy through lack of stimulation and delayed expressive language. N , he accepted , smelt of dog urine on his reception into foster care at which juncture he appeared never to have previously been bathed.
vi) He also found that the parents had been serially untruthful. They had put up at least two witnesses to give false accounts of the circumstances. The evidence of police and professional witnesseswere universally accepted by the judge in preference to that of the parents.
vii) The judge also found that the father was paranoid, and his - indeed the parents view - that there was a conspiracy by social workers and other professionals was rejected outright. Both parents exhibited an "almost complete lack of insight, exhibited paranoid views in relation to professional concerns and, in essence that there was a conspiracy against them". In the mother's case, the Judge accepted that 'her abnormal personality traits particularly the paranoid ones", as referred to by a psychiatrist, may interfere with her ability to take on board the legitimate concerns expressed by others about the welfare of their children and may consequently adversely impact on her ability to effectively and safely and appropriately parent the children'
viii) The father demonstrated a total lack of insight, and in the judge's view, concern (paragraph 33). Indeed both parents "had no insight into the problems, their causes or their solutions" (paragraph 54)
ix) Since neither had any insight into their failings, or harm caused and since neither therefore accepted any blame for the situation it was impossible to see how things would not revert to the low base from which the children were rescued" (paragraph 68)
x) "in view of the gross antipathy" of the parents to "professionals and hostility to interference" there was "no prospect of the parents or either of them working with social workers so as to avoid any reversion" (paragraph 68)
xi) Despite the mother's assertion during her oral evidence that she and the father had separated, on balance it was likely that they would resume their relationship. The mother was too dependent on the father and the father seemingly could not care either way.
xii) Finally at (Paragraph 61) The mother had sought to influence M in "a disgraceful way" paragraph 62
Father's first statement
The independent social worker report
i) That the parents had not significantly changed as they and or their therapists did not feel they needed to do so.ii) So far as the parents relationship was concerned, they were united against what we independent social worker described as "common enemies" namely the police and social services
iii) she dealt with the parents ability to provide a safe and secure environment for the children: she was of the view that the mother had clearly learnt something from the courses that she had completed. She was concerned though that she was easily drawn into her husband's tirade against the police and social services. She was also concerned about the parents conviction that M was being emotionally abused by being in foster care.
iv) So far as the physical condition of the house was concerned, things had clearly improved from what she had read in the judgment.
v) In terms of the needs of the children the mother was able at times to focus on this. Mr F was less able to do so. The Independent social worker concluded this part of her task by asking the parents how they would reassure the court if the children were returned to them that things would not go wrong again. They told her that things would not go wrong again as they had addressed all the necessary issues. Mr F added that he would always hate the police.
vi) She dealt with the parents willingness to work with professionals and take on board and advice: it was clear from the discussions that she had that the views of professionals previously put before the court and found to be correct by the Judge, were still not accepted by the parents. Accordingly in her analysis the independent social worker concluded that there was no evidence that the parents would work with social services "as it would appear that the relationship has completely broken down". Her conclusion was wider than this. She said "I would not be confident that Mr and Mrs F will be able to work constructively with professionals particularly social services at present"
vii) So far as the parents insight into the concerns of the local authority which led to the proceedings, she recorded that the mother didn't blame the judge for what he had done because, she contended, he had been presented with fabricated evidence. The independent social worker recorded that Mr F said to her that Judge Rylance had been corrupted by those out to get his family. The mother denied again to her that the children were unclean or untidy and disputed specific parts of the evidence relied upon by the judge from a number of witnesses, contending that a number of police officers social workers and the RSPCA whose evidence was accepted by the judge was untruthful, The psychologist Irene Martin Alam had also lied. Thus the independent social worker concluded that "the parents have not developed insight into the concerns held by the local authority at the point of the children were removed"
Impressions of the parents
the mother
The father
The Law
Welfare checklist.
(c) The likely effect on them of any change in his circumstances;
(f) How capable each of their parents , and any other person in relation to whom the court considers the question to be relevant, is of meeting their needs
i) ONE - That the courses undertaken by her show she understands how to parent, her children's needs, indeed child psychology. There are serious question marks about the time she spent on these courses. More importantly though was her motive in doing them. In my view it was likely that her motive was not so much self improvement as an attempt to equip herself with ammunition in her fight with social services. She was able - in rather an inept way - to quote pieces of jargon picked up on her courses. She was not however able to recognise the real fundamentals - namely that she had exposed her children to appalling parenting. Without recognising that, and that therefore she need to change fundamentally how could it be said that there was any change in her ability to parent.ii) TWO - the state of the house. So far as the state of the house was concerned, I accept that it has improved from the descriptions given in the previous proceedings. However, it was noteworthy that Judge Rylance had found that it had been much better before the material time and again subsequently. He found at paragraph 68 that " there is no reason to believe that it will not deteriorate again". The mother's repeated denials and rejection of his findings mean that that must remain a real danger in the future.
iii) THREE - That she has repaired her relationship with the father. She has certainly been to couples counselling with him over a period of time. Both should be given credit for – it would seem – being genuinely motivated to address this. It may be that they are now able to resolve differences in an acceptable and adult way. Without a reasonable passage of time and circumstances that may test this, it is not though possible to say that the work undertaken has borne fruit. The mother's assertion that things are better now could be true, but I found her to be so unreliable that I could not necessarily accept this without very good corroboration. I need to be cautious in view of the long history of marital discord evidenced by the numerous police call outs recorded in the original judgment.
iv) Four. That such is her emotional and mental state that she is no longer in need of psychotherapeutic work. In aid of this she quoted her psychotherapist. She said that he said "I don't have to do any more work." Indeed he went further – she said. I quote from her oral evidence "He said it reminds me of a film--- he has contacts in America and he will help me through contacts make a film as he can't believe how social services have behaved. I'm going to write a book". In truth and in fact the psychotherapist had in February 2012 and therefore after the care proceedings, but before the Placement Order proceedings recommended a further 4- 6 months psychotherapy as set out at page [E 264]. That therapy continued in fact only until the date of that report at which to quote his one page letter of 12.3.14 she discontinued it after the February court hearing. It was at that hearing that the psychotherapist who gave evidence learnt that he had not been told of the courts findings and had operated on the basis of what the mother had told him. He therefore performed a volte face and told Judge Rylance that he was no longer of the view that the mother could resume the care of her children. Since then he has had a one hour meeting with her. He says nowhere in that letter that she does not require further therapy. Nor did he refer to his previous report and the recommendation within it. He said this "as I have only had the opportunity to see Mrs F one time since my last report my current observations of her are limited. However, in the hour that I did see her I observed nothing that would cause me to assess her differently than I did in my report of February 2012. If anything she seems clearer and stronger than before." I did not hear evidence from Mr X Y. Judge Rylance however relied on the evidence of two independent forensic psychiatrists and a forensic psychologist as to the parents mental state. His report on the face of it seems to suggest no change from his earlier recommendations namely further psychotherapy for 4 to 6 months, something that has not happened. The letter from the therapist was also on the face of it inconsistent with what he learned and then said at the hearing before Judge Rylance. In my view it would be dangerous to place much reliance on it, so far as it goes. If what the mother reports Mr X Y to have said is accurate, then his short letter is inconsistent with what she told me he said. However I suspect that what she has attributed to him is largely inaccurate. Accordingly there is no evidence to suggest that the mother has had any suitable psychotherapeutic work to address the serious and long-standing personality and psychological problems outlined in the reports of Dr Akinkumni and Dr Bradbury. Moreover nothing that I have seen of her presentation in court reassures me that she has successfully addressed these issues.
v) FIVE that she can work with professionals. Mrs F prayed in aid the fact that she had attended couples counselling with someone called Bill Baker, that she liked a contact supervisor called Julie Perkins, that she had got on with a social worker called Helen and that another social worker had left her a with compliments slip which said it had been good to work with her. In contrast to this, I look firstly at the mother's allegations against social services historically, second her suggestion that two new social workers who have come into the case have lied and perpetuated the conspiracy against her, and thirdly her suggestion to the Guardian, that she had in some craven way made a recommendation for adoption after getting a letter from the then social worker James Ellis. The independent social worker was of the view that the mother could work with professionals if they agreed with her. The mother on a number of occasions talked about war between her and social services, about being soldiers. "It's like England and Germany" . I am quite clearly of the view that she may be able to work with professionals who do not challenge her or who agree with her. Immediately a professional has a different view, then it is impossible to work with her as amply demonstrated by the way she hectored social services witnesses. It is abundantly apparent that protective measures short of a care order, for instance a supervision order, would be entirely ineffective given her hostile , aggressive and indeed paranoid stance
vi) Six - dogs. When the existing ban is lifted the mother said in her statement she would have only one dog. In oral evidence she said it might be two. However she angrily denied that the dogs were in fact kept in the appalling conditions that led to the RSPCA prosecution. The father went further claiming that a dog or dogs had been presented at Crufts. I have two concerns. First I can place no reliance on anything the mother says about her future intentions. Second, whatever number she clams she might in future have, if she saw no problem in her treatment of these animals before nor any arising out of the exposure of her children to them, how in earth can I be satisfied that it will not happen again . I also bear in mind His Honour Judge Rylances' finding at paragraph 68 "Once the four-year ban on keeping dogs was over, dogs are bound to return"
The Father and changevii) I have already set out what he said in his oral evidence. Nothing in him needs to change. That point was rammed home by the following. He had not, it would seem, bothered to look at the judgment of His Honour judge Rylance, or that is to say not invited the mother to read it to him. He had not looked at the independent social worker's report or asked the mother to read it to him. He had not felt that any counselling was necessary. Plainly he did not feel any parenting courses necessary. Plainly he also had no interest in child care or understanding of children.
viii) Even if he had not told me that there was nothing that needed changing in him, his untruthful evidence was sufficient to show that I could not be confident that there would not be a reversion to the previous conditions in the house should the children return to him. As Miss Hudson, said in general terms of both parents his conspiracy theory is an example of his bizarre functioning. This was further highlighted by his strange and sinister references to a senior social services official a Mr V – described as 'a weirdo' – whom with a nudge and wink he implied he would unmask or worse.
(g) The range of powers available to the court under this act.
Application by maternal grandmother and maternal aunt