England and Wales Family Court Decisions (other Judges)

IN THE FAMILY COURT
SITTING AT NEWCASTLE-UPON-TYNE
IN THE MATTER OF THE CHILDREN ACT 1989
AND IN THE MATTER OF: G (A CHILD)

		The Law Courts The Quayside Newcastle-upon-Tyne NE1 3LA
		17th December 2015

JUDGMENT

HER HONOUR JUDGE MOIR:

1. I am concerned with the welfare of A, who is known as [short form given]. He was born on 29^th May 2006, so he is now aged 9 years, 7 months. He is the son of M and F. The other persons concerned with A's welfare are PGF and PGM, the paternal grandparents, and MU and MA, the maternal aunt and uncle.
2. This case was listed in front of me for 15 days, commencing on 14^th September of 2015. The parties, save for the grandparents, have been represented. PGF and PGM appeared in person and presented their case very competently and courteously. I heard evidence and completed hearing evidence on Friday, 2^nd October. There was not time for full oral submissions, so the parties prepared written submissions and written responses, which were completed by 16^th October. This case is complex and it needed careful consideration. I have required time to consider all the evidence and submissions. It is a matter of regret that I have had no time out of court to enable me to prepare my judgment and I apologise that I have had to utilise other time so it has taken longer than I would have wished.
3. The outcome of this case is clearly of fundamental importance to the parties, but most particularly to A himself. His welfare is my paramount concern. I have heard from 24 witnesses, namely, John Sands, who I heard in advance of the main hearing. He is a consultant clinical psychologist. Z, the team manager at Organisation A. Y, the manager; X, residential childcare worker; W, a teacher; V, former residential childcare worker; U, a former residential childcare worker and T, the assistant manager. All these witnesses were associated with Residential Home A, the residential accommodation where A resides presently.
4. I also heard from S, the teaching assistant; R, parents' support advisor and Q, the school administrator, all based at School A, which A attends. I heard from Tracy Swiffenbank of the NSPCC, who was the author of a report which had been prepared in relation to the parties in this matter. I heard from Steve Moulder, the social work team manager in place of Samantha Boot, who was the main social worker, but was unable to attend to give evidence before me. I heard from Sarah Connolly and she is with the child with disabilities team. Wendy Weather, the contact supervisor, and I also heard from two experts, Dr Scott, a consultant psychiatrist and Estelle Lowe, a consultant clinical psychologist. I also heard from each of the family members and, finally, I heard from Joanne Scott, the guardian.
5. It has not been an easy or straightforward case, partly arising from the fact that A himself, while being described as a lovely boy is, as PGF and PGM put it, different from other children. He has his obsessions and sometimes destructive behaviour. He was diagnosed with autism in June 2011 when he was 5 years of age and has presented challenging behaviour for his carers, whether family members or professionals, during the past years. Given his complex needs, A is likely to remain vulnerable and dependant into adulthood. That is a matter that the court has to have in mind.
6. The local authority seek a number of findings. It is not a single-issue case by any means, although a lot of the evidence has been directed towards the allegations of sexual abuse. There are detailed findings sought by the local authority against the mother and the father, findings are sought by the father against the mother and findings are sought by the mother against the paternal grandparents and against the father.
7. The local authority propose that A should be moved into the care of the paternal grandparents and the care plan and annex to that plan provide for a flexible approach with the local authority continuing to be involved and having fortnightly team meetings for as long as they are required. M is anxious that A should be returned to her care. F supports his parents in their case to have A to live with them and the guardian endorses the local authority proposal that A should move into the care of his paternal grandparents, subject to the factual determination of the court. This has been dealt with as a composite hearing and the fact-finding and the welfare decisions are inextricably linked.
8. The court has heard a great deal of evidence from the adults who have been involved with A to a greater or lesser extent and has heard from the family members who have input into A's life. The maternal aunt and uncle were made parties to these proceedings at a time when they were putting themselves forward as potential carers for A. That is no longer their position and their case has been advanced on the basis that if A resided with his mother, they would offer help and support, or if A resided with paternal grandparents, they would seek to have contact with A.
9. The parents do not dispute that the threshold is crossed and both the mother and father concede the threshold on the basis of emotional and physical abuse. The allegation of sexual abuse is denied by the father. The burden of proof is upon the local authority or otherwise upon the party asserting that any particular fact is true and the standard of proof is the balance of probability, no more, no less. I remind myself, as set out in Mr Stoner's submissions to the court, that the court must guard against any insidious reversal of the burden of proof as described in Re C and D (Photographs of Injuries) [2011] 1 FLR 990, at 203. "There is in my judgment an obvious disadvantage to parents in an approach which requires that they provide an explanation for even the smallest bruise, failing which there will be automatic presumption that the bruise must have been an inflicted injury. Such approach subtly changes the burden of proof and puts the onus on the parents to provide a credible explanation. As a matter of law, it is not for the parents to disprove the suggestion that the general bruising is non-accidental, but for the local authority to prove that it is". The same considerations apply in relation to the allegations which are made within this case.
10. The court must determine whether the alleged abuse has occurred, the nature of the abuse and the person responsible for any abuse which is found proved. The court must weigh up all the evidence, whether given by an expert or by lay witnesses. In considering lay evidence, Lady Justice Macur offered the following guidance in Re M (Children) [2013] EWCA Civ 1147, at paragraphs 11 and 12:

"The judge's assessment of the parents characters, past behaviour and present attitudes are entirely dependent upon finding primary fact, interpreting and drawing reasonable inference from the same.  I agree with Miss Ball QC, they are unassailable on appeal. The judge was obliged to reach her conclusions on the whole of the evidence and was not bound by the opinions of others, however eminent in their field. The judge states the basis of her departure from their views, namely that of her "good opportunity not only to hear the witnesses' evidence but to observe their demeanour and credibility".

Conscious that such comment is trite in first instance judgments, it is pertinent to note in this one under review that the judge's description of the mother and father when giving evidence before her is analytical and detailed and obviously draws upon more than their performance in court. It is obviously a counsel of perfection but seems to me advisable that any judge appraising witnesses in the emotionally charged atmosphere of a contested family dispute should warn themselves to guard against an assessment solely by virtue of their behaviour in the witness box and to expressly indicate that they have done so."

I have had the opportunity to observe family members, both in giving evidence and in the body of the court, but I emphasise that my assessment and conclusions are based upon very much more than such observation.

11. In considering expert evidence, it is necessary to remind myself of the dicta of Ward LJ in Re B (Care: Expert Witnesses) [1996] 1 FLR 667:

"The expert advises, but the judge decides. The judge decides on the evidence. If there is nothing before the court, no facts or no circumstances shown to the court, which throw doubt on the expert evidence then, if that is all with which a court is left, the court must accept it. There is however no rule that the judge suspends judicial belief simply because of the evidence given by an expert."

12. The test remains the balance of probability. If the court is satisfied abuse has occurred, the court should of course identify, if possible, the perpetrator of such abuse. If it is not possible to identity the perpetrator, the Supreme Court has made it clear that it is still important to identity the possible pool of perpetrators and, namely, those who may be responsible for the abuse by reference to whether or not there is a real possibility that a particular person was involved, Re B [2010] FLR 1116.
13. I have been referred by Miss Langdale on behalf of the father, to the Report of the Inquiry into the Removal of Children from Orkney dated February 1991 at paragraphs 15 to 23 of that report. It is in my view helpful to remind myself of what was said within that report. Miss Langdale sets out that the vital distinction between taking allegations seriously and believing in the allegation as soon as it is made cannot be overstated. As the authors concluded in the report to which I have referred, the preservation of an open-mind requires a concentration in listening with care to what a child says, absorbing all that is said and weighing the child's words objectively. A mind coloured by suspicion or a mind already moving towards a diagnosis can readily undervalue or ignore material which does not fit with a preconceived picture. Similarly, material which does appear to fit with that preconceived picture may be overemphasised and highlighted in such a way as to distort the child's further account of the situation.
14. What a child says should be taken seriously, whether it supports or refutes an allegation of abuse. As much care should be taken in assessing a denial as in examining an allegation. If an initial allegation is later denied, it may still have been soundly based, but the denial deserves serious consideration. It is recommended that where allegations are made by a child regarding sexual abuse allegations, they should be treated seriously, should not necessarily be accepted as true, but should be examined and tested by whatever means are available before they are used as a basis for action.
15. I approach the evidence and my findings and conclusions within my judgment mindful of the statute, law, case law and published documentation to which I have been referred. Mr Stoner has very helpfully provided a composite chronology, dividing A's life into significant time periods, starting with his early years, between 2005 and 2012. Sadly, A's life has required intervention by different agencies from an early stage.
16. His parents commenced a relationship in or around 2005 and M fell pregnant with A. It seems from the written evidence that F at the time did not want the responsibility of a child and suggested a termination or adoption. In oral evidence, he said he was ready to be a father, but M did not feel like being a mother. He told me that when A was born, he was ecstatically happy. Father did not tell his parents about A until A was 6 weeks old. His reasoning, it seems, was that he still was not clear as to A's continuing role within his family. He told the NSPCC assessor that he did not want to upset his parents or let them down. If A was to go into care, he said there was no point in telling them. I am satisfied that once the paternal grandparents were made aware of A's existence, they provided practical and emotional support to A and to both M and to F and upon being made aware of A, M described their reaction as one which she believed to be of genuine happiness. I do not doubt that view and I do not doubt that they have continued to support A throughout his life.
17. M and F had lived separately before A was born and then went to live with M's parents until A was 6 weeks old. At the time of A's birth, M was reported to be homeless and thus moved in with her parents. However, there were concerns about her family's dynamics and children's services had become involved. A was made subject to a child protection plan. M and A moved in with PGF and PGM on 31^st August 2006. M described her feelings about this in evidence, saying, "I did feel they had the last word, but there were some lovely times with PGF and PGM." When asked about what went wrong, she said, "A making the allegations, me ringing the police and not informing them straightaway." Unfortunately, the relationship between M and the grandparents remains very strained and M stated that if A went to the grandparents, she would probably feel like killing herself. "Yous have taken everything away from me." To mother's credit, however, she did say to the court that she would try her best to support A whatever decision the court came to.
18. After A and mother moved in with the grandparents, the local authority felt able to close the case. There was a high level of support for A and M from the paternal grandparents and all the parties describe a positive relationship existing at that time. M in answer to a question from PGM stated, "I think we had a brilliant relationship until all this kicked off." PGF and PGM have thus been a very important part of A's life for the majority of A's life. PGM in particular accompanied mother to discussions at school and about A's health.
19. It was apparent from when A started nursery in September 2009 that concerns were being raised about his social abilities, his swearing and communication skills and also his repetitive behaviour patterns. In June 2011, A, who was then aged 5, was diagnosed with autism. Mother reported to the school that she had found the summer of 2013 very difficult with A and concern was expressed about his behaviour with other children. Numerous meetings were held with the school, behaviour support service, psychological services and PSA. PGM attended all the meetings to which M had been invited. Between June 2013 to May 2014, the children with disabilities team supported M with A. Mother had requested their support following upon A's behaviour becoming very difficult to manage, with it being reported by M that he was violent towards her. M and F had recently separated and mother was also trying to cope with depression and A's violence to her was escalating. It was patently a very difficult time for her.
20. In August 2013, M reported that she felt quite low and needed support. The paternal grandparents were offering support with A staying with them on Friday and Monday nights and with his father on Saturday night. PGM reported that A often imagined himself as someone different and said, "He will become a character." Mother was saying at this time that A would nip, kick, punch and choke her when she said no to him. These behaviours were not apparent or reported whilst with his paternal grandparents.
21. By October 2013, things had deteriorated in respect of mother's mental health. She was not coping with A and was drinking and self-harming. Mother reported having blackouts and, to her credit, recognised the risks to A if he was in her care and she blacked out. She told me she blacked out and there was blood on her face. "A was at PGF and PGM's. I couldn't remember what happened. I asked PGM to take A. I didn't want to put him in jeopardy because I didn't know what I'd done." For a number of months, A lived with his paternal grandparents full time, with his mother visiting every day. Mother and PGM started to attend the parenting programme with PGM accompanying M to this at M's request. On 18^th December 2013, a meeting was held with mother and PGM to discuss A's return home to his mother. It was agreed to start a phased return home. M told the meeting that if it did not work, she would give parental responsibility to PMF and PGM.
22. In January 2014, M contacted the police on two occasions to complain about father allegedly hacking into her computer and obtaining her bank details. She also complained that he was following her around and tracking her movements throughout the day on Facebook. The police determined at that stage that no offences had been committed and gave, as they put it, "suitable advice" to M. The relationship between the parents at this stage had become very strained. M gave evidence that father controlled her during her relationship with him. When she spoke to the NSPCC, she told them that throughout the relationship, F made her feel isolated and encouraged her not to have contact with her family and only after their relationship ended did M realise her parents were not as bad as F had made her believe. I deal with M's relationship with her family at a later stage.
23. She told Dr Scott that she believed that she was sexually and emotionally abused by F. Apart from what M has said now, there is no evidence or report at the time of physical, sexual or emotional abuse by the father. Mother was receiving support from the professionals during much of the time that she was with F, but it seems her main source of support was the paternal grandparents and after she and F separated, the paternal grandparents still provided the main source of support. It is unsurprising that she did not confide in them, but nor did she confide in any professionals at the time in relation to the matters that she now raises. I make no findings in respect of the allegations that M made within her account to Dr Scott.
24. In evidence, mother told me that she tried to get on with F, but I am afraid that the evidence would suggest otherwise. During the time A resided with his parents, the evidence provided by the school would suggest an improvement in A's behaviour. In submission, PGM raises the fact that she regrets that she did not take more advice as to whether M was ready for A to return to M.
25. On 10^th January 2014, A returned on a recognised basis to his mother's care and by January 2014, it is apparent that mother was angry, resentful and suspicious about father to the extent of reporting him to the police for matters which she said had been directed by him at her. In oral evidence, M said that A's behaviour changed dramatically in the summer before A was returned to her. She told me:

"I think he [referring to F] was abusing A before, I think in the summertime because A's behaviour changed dramatically. He smashed up the house and the garden. I didn't want to think that F would do that."

It was put to M that once A said something, it confirmed her belief that A had been abused. She replied, "For A, I just said, 'Are you sure?'"

26. It seems accurate from the records that M was having difficulties coping with A's behaviour during the summer of 2013 as her mental health deteriorated. The evidence from the school is clear. A's behaviour had been challenging at times, but had not been of a sexual nature before the beginning of March of 2014. Mother was saying that she thought the abuse had been going on since the summer, but A had been too scared to say. At this stage, mother was articulating what was to become her fixed belief that A had been abused. I find it unlikely that A would have been able to maintain silence if he was being abused at that time and it is improbable that he would have a fear of making accusations for fear of their social impact or consequence.
27. At E62 Estelle Lowe made the point:

"A further aspect of learning that is impaired considering A's ASD presentation is his social emotional development. This has already been referred to previously. A's social behaviour lacks empathy and he presents as socially immature. Note the tickling play referred to by the care manager is that of a much younger child. He was observed to be unable to be emotionally flexible and displays intense obsessions. This will significantly impair his potential to engage with peers as well as adults."

As Miss Langdale submits, A will say as he pleases and does not mind causing offence as in fact he does not pick up on when offence has been caused.

28. A was referred to John Sands, a consultant clinical psychologist, because of his issues and his challenging behaviour. The first appointment with John Sands occurred on 21^st January 2014 when A and his mother attended. Mr Sands in evidence said that his initial formulation focused on the need for greater trust and consistency between A's caregivers. He said an additional goal was to improve the confidence of A's main caregiver, namely, M. In January 2014, A spoke a lot about him wanting to be a girl and no longer wanting to be called "him" or "a boy." A said he wanted to be "Bellatrix and all of the girls in the world." A said he did not want to be a boy and this was just the way he had become. Mr Sands set out in his notes:

"Perhaps A has a growing awareness that he is different and not in a positive way. That he is causing lots of anxiety for lots of people, being a girl would solve things."

29. It seems from all the evidence that is before me that A, as set out by Estelle Lowe, did not have a finely tuned appreciation of causing anxiety to others or a concern that he would. In oral evidence, Mr Sands told me that his experience of autism was not great. He told me he had worked with gender issues before, but not gender issues combined in autism. He said that it is possible that M speaking about gender issues could prompt a reaction in A. I deal with John Sands' input later on in this judgment.
30. M told me that A had watched Harry Potter and Bellatrix. He could not tell the difference between having a crush and wanting to be her. She went to say:

"He met my friend, P, as a girl initially and then she came out at work and dressed as a man. She works at Employer A. I didn't realise she worked there. He [A] did ask me questions. He said, 'That's P. Why is P a boy?' I said, 'It's complicated.' I said, 'Transgender. She is a boy, but really a girl and she will get an operation'. A was asking about an operation. I said if he felt like that when he was older, he could have an operation. There is a photo of A dressed in a bra and skirt. I didn't take the photo. I wasn't around when the photograph was taken. It was when he stayed at MU and MA's."

31. In cross-examination in relation to these matters, she said to the court in relation to the sex-change operation:

"I'm so sick of it being brought up. I have a transgender friend. She'd not come out at work. He met P as a girl dressed like a boy and A kept hounding me. I wasn't going into graphic detail. I said that if he still feels like it when he is older, something can be done. A can't let go if he knows something is different. I talked about an outy into an inny."

M was asked did she have any regrets about explaining these matters and she responded, "I do regret explaining it because I've got nothing but crap about it since." M seemed to have no appreciation of the effect or confusion in respect of A.

32. After A had been accommodated, he was given a collage of pictures in one of which he was dressed in a bra and skirt. Neither mother nor MA really accepted responsibility for this picture being taken or sent to A, mother said saying that she was not there when it was taken and she did not even notice when it was sent. MA said she sent the photos to focus on positive things. When put to her by Mr Stoner that the photograph was deeply uncomfortable viewing, she replied:

"It depends on what you make it, but the children were dressing up. He was enjoying himself. It was to put in the book of memories that he was enjoying himself. I took the photograph."

She was asked if she regretted it now and she said:

"Because of what people are trying to make of it, as if we were putting pressure on A to be a girl and not a boy. A said he just enjoyed dressing up. He didn't want to be a girl. I know people think he has gender dysphoria and I don't think he has. He likes dressing up pretending to be something he's not."

It was put to her whether or not it was a blurring of boundaries and she said:

"I can see why someone might think that. I've never stopped my children dressing up."

33. She was asked if she knew about the sexual comment in March and asked about the bra and nail varnish. She said, "It didn't make a big thing." She was asked about her husband in that her husband told the court that he was uncomfortable and she said, "Yes, MU finds things to do with gender uncomfortable." She said afterwards:

"He was uncomfortable and I've not done it again. He is heterosexual and he feels uncomfortable discussing things. He's not prejudiced. I didn't think anything of it at the time. MU told me later that night."

It was put to her that that was long before the decision was made to include the photograph. She then said:

"It wasn't my decision. We didn't look at the photographs, didn't realise they were there until the issue was made of it."

It seems unfortunate that A's behaviour and difficulties were not given any sort of weight. I find it concerning that despite the fact that MU was saying he was uncomfortable about the matter, the photographs were still sent to A and that MA states that it was not her decision. It was not made clear whose decision it was. She told me that the bra that A was wearing was B's bra and there was the implication during the evidence that B had taken the decision in respect of which photographs to send.

34. MU, when asked about it, was clearly uncomfortable and he told me that he said, "Get that off," but was told it was just a bit of fun. He said he was not keen on the photographs being sent. I found him truthful in this regard. I accept he was not keen on the photographs being sent, but was overridden by MA and B telling him it was just having a laugh. I do not accept that MA did not know the photograph was there until an issue was made of it. She took the photograph. She knew MU was uncomfortable. MA clearly knew the photograph was part of the collage. I do not think MA was being truthful with the court.
35. When questioned by PGM, the note reads that M was asked about her son on the autistic spectrum and she said, "He's never wanted to be a girl, but he has dressed up as a girl." It was put to her that she showed a total lack of understanding of A's thought processes and she said:

"At the time, A said, 'I don't want to be a girl. I just like dressing up sometimes.' I think at the time he just didn't want to be himself."

PGM put to MA "Do you know that it took weeks for us to get him out of it?" It seems that A had returned to his grandparents and said that he was dressed up as a girl. "Uncle Mickey wasn't very happy. Everyone else just laughed."

36. F could not see the relevance of him being asked whether he watched transgender porn. I have dealt with this issue at some length as it is illustrative of the approach of the adults and lack of understanding or insight into some of A's difficulties by the adults in his life, save for the paternal grandparents. Estelle Lowe in her written report opined at E53:

"The theme about not being an 8½-year-old boy has continued, although not as reported previously in the initial referral when A wanted to be girl, saying that he wanted long hair and wanted to take his skin off. It was noticed that when his mother sent photographs of A to the placement, there was one with him wearing a bra and a photograph of him wearing a frilly dress. The context of these photos is not known, but considering A's obsessional reactions that were very evident throughout the assessment, it could be that obsessional comments about being a girl were reflected by his dress in the photos. His previous wish to be a girl could link to him wanting to dress up, but it could also be comments triggered after being dressed up or by some other event that is not known about. Obsessional behaviour about wanting to be a girl would be likely once the thought had occurred to him considering his general orientation to be obsessive. It is notable that he had at the time of this assessment reverted to being a 56-year-old man, i.e. still not comfortable with his own age, but being obsessional about his personal presentation in a very different manner. Considering the switch, it seems unlikely that gender dysphoria is present. At the time of this assessment, A had very short hair, possibly in admiration of the other lad in placement, and he was very comfortable with it."

37. In January 2014, John Sands recommended the use of the travel book. The intention of the travel book was to enable the different carers of A to know what they needed to know to enable them to provide consistent care for A. In the event, the purpose to which it was put was quite different and it has been referred to repeatedly during the evidence as a record of the allegations, abuse and events surrounding the allegations. While it presents as a contemporaneous record, I am conscious that care must be taken in that it is a recording of what the individual adult decides they wish to write down and it is to that extent self-serving. From the end of January and throughout February, school noticed a change in A's behaviour, referring to unprovoked attacks and violent outbursts.
38. On 5^th February 2014, it is recorded that M had called the emergency duty team in a distressed state concerned about her own mental health and the possibility of a relapse. M reported A as lashing out at her and asking to return to the care of the paternal grandparents. He was already spending considerable time with them, but it seems he expressed the wish to be with them more. Dr Jacqueline Scott was asked to prepare a psychiatric report on M and the initial report was provided on 27^th December 2014. An addendum was provided when the medical records were produced and written questions and responses considered. While I have no desire at all to distress M, it is pertinent to refer to her own report to Dr Scott of being subject to abuse by a neighbour from the age of 4 until approximately aged 8 or 9. She said she was abused in a number of ways and felt no bond or attachment with any family member. She stated for several years she had little relationship with her immediate family and felt that no one cared.
39. M has told professionals that she was emotionally abused and controlled in her relationship by F and that he was extremely manipulative and isolated her from her family. It seems that her relationship with her family had been problematic since childhood and further events over the years had added to their difficulties. There is no evidence that F sought in any way to isolate her from her family. M reported that she began self-harming by cutting herself from age 13 and was further sexually assaulted at the age of 15 and 18. It is relevant to mention that M had been sexually assaulted herself. She said the self-harming stopped a few months after she was 18 and did not reoccur until September of 2013. At times, she said she can experience herself obsessive compulsive behaviour, particularly when stressed. She said at times she experiences auditory hallucinations and has experienced suicidal thoughts.
40. Dr Scott expressed the opinion that M presented with symptoms indicative of an emotionally unstable personality disorder borderline type. Dr Scott described the typical features of an emotionally unstable personality disorder. She said that they were characterised by:

(i) A tendency to act impulsively and without consideration of the consequences.

(ii) Mood which may be unpredictable and capricious.

(iii) A tendency towards outbursts of emotion and an inability to control behavioural explosions.

An individual who suffers from this type of disorder may also suffer from disturbances of self-image and may experience chronic symptoms of emptiness and a tendency to self-destructive behaviour. This may include recurrent suicidal gestures and/or attempts. Over and above this, they may on occasion display excessive efforts to avoid abandonment. A borderline personality disorder may affect individuals in the way they think, behave and their relationships with others. In a severe form of the illness, it may significantly impact an individual's ability to function. The description that Dr Scott provides, the symptoms of which can be seen within M's own accounts and the accounts of others. M denied self-harming or significant alcohol misuse since August of 2014 and denied current significant mood swings or prominent thoughts of self-harm when she saw Dr Scott in December 2014.

41. Dr Scott also reported at paragraph 128:

"There is some tendency to possibly blame her ex-partner in the impact on her mental health. However, she appears to exhibit less understanding of her mood swings and irritability. When asked about how her anger may impact on her son, she felt unaware of this and felt her son was a person who would shout and hit her."

42. It is very much to M's credit that she has been frank and open about her mental health, but even so, it is notable that she is unable to accept any problems in her mental health which may in any way have impacted upon A. It seems from the medical records that during a period of time before A's allegations, that M felt the difficulties for A and herself were due to F and more recently, she attributes A's presentation to the abuse by her ex-partner and the behaviour of the paternal grandparents. Dr Scott said that there was no shift whatsoever in relation to those matters. I find that M cannot accept any responsibility for any of A's difficulties which have been exhibited by him.
43. Dr Scott told the court in oral evidence in response to questions by the paternal grandmother that she, Dr Scott, did not see the allegations of alleged sexual abuse as being part of any symptoms of M's personality disorder. She said:

"It is an illness commonly seen in individuals who have suffered trauma and it would be unusual to make up sexual abuse."

Dr Scott acknowledged that there had been a more recent improvement in mother's mental health, but cautioned:

"She has not had A living with her so we are looking at progress against that background. It is important to be very cautious because it is an environment not which is false, but not where A is living with her."

Dr Scott referred to therapy which could help M to develop coping strategies. Dr Scott said in response to a question whether M will respond well to therapeutic input that:

"Any form of psychological therapy does need the individual to acknowledge difficulties and to be ready to engage in therapy. While M has said she understood her difficulties, the main difficulty would be to validate that. Therapy would be aimed to enable her to recognise early behaviour and how her illness could be managed to change that and to have the ability to be able to have some emotional resilience."

Dr Scott was of the view that it can take at least 18 months and it can be longer. She referred to therapy as "not a quick fix." It is right to say that mother did tell the court that she would do anything to help her care for A, but the first step would be recognising the need for therapy.

44. John Sands continued his involvement with A and his family. Mother reported to him that A was coming back from contact and calling her names like "slag" and "grotesque." Mother blamed father and continues to blame father for this and further wanted to talk to John Sands about concerns that she had in respect of the care he received from father. It is clear that mother saw John Sands as an ally in her battle with F. John Sands' description of his meeting with father was that father was empathetic to M and quite plausible. John Sands at this time only had a partial view and understanding of the circumstances, although it seems M had alerted him to the fact that A had the capacity to make up stories and perhaps tell people what he, A, thought that they wanted to hear. These latter abilities are referred to by John Sands in his written notes.
45. On 24^th March 2014, the school reported cause for concern and it is from this point that concerns really started to escalate in relation to A's behaviour. The report noted that A's behaviour had become sexualised. At C38 in the bundle an extract from the incident records at School A reads thus:

"Unprovoked nipping of another child's neck left a mark. Dad locks him away. Dad calls him a 'little fuck.' Wants to go to another school. Pulled at teacher's bra strap and said dad told him to. Grabbed teacher's chest and blamed dad. Hit another child with a pencil on the head. Said dad uses the word 'cock.' This was repeated aloud over and over. Shouted abuse at two teaching assistants. Punched teacher in the leg and grabbed her wrist."

The travel book records A's behaviour from three o'clock onwards. On 25^th March, mother was invited into school to discuss A's behaviour. O is recorded as saying that:

"This has been the worst A has behaved and there seems to be a new set of issues. A seems to talk to other children about his dad and seems to want to get his dad into trouble, into prison if possible."

M at this stage agreed that A wants everyone in trouble, in prison.

46. It seems that from the end of January onwards that A's behaviour was more extreme and it seems for the first time during the incident in March his behaviour was sexualised. He suggested father had told him to ping the bra strap and grab the teacher's breast. R stated in oral evidence that it was a change in the quality of A's behaviour. There had been problems before in line with what might be expected from an autistic child from A, but his behaviour became more sexualised and aggressive. I am satisfied that A did not pick up swear words within his grandparents' household. There is evidence of use of inappropriate language by mother and the records of contact note that mother is unmoved by the use of swear words by A. It would seem to suggest that it is language which is not out of the ordinary for mother to use or write, as in the Facebook entries which I have seen. M has written in the travel book:

"A has picked up two silly words from me after hearing me on the phone. I called my friend a 'stinky poo head' and a 'bum head' about three weeks ago and didn't know he was listening to me. Other than saying the two words to me, he again said he is going to be a good boy."

47. Thus it seems that mother accepts that A is able to repeat things he has overheard and at times may have overheard language and matters without M being aware of it. It is more likely that A has heard inappropriate language from his mother and repeated it than from any other source. There is no evidence that A has used bad language in the presence of his father. It seems highly unlikely that father told A to ping the teacher's bra strap or to touch her breast. It is also highly unlikely, I find, that mother encouraged A to do so and blame father. There is no obvious explanation for A's behaviour and it demonstrates his lack of social awareness and acceptable behaviour. It also is the beginning of the numerous allegations that A makes against his father and the beginning of A expressing the desire that he wants his father to go to prison.
48. On 24^th April, the medical records indicate that mother told her GP that she had been in touch with the crisis team after cutting herself and that she is sleeping very badly. Although M has not been able to recognise it, it is clear that her mental health must have had an impact upon her care of A and it would seem likely that it was circular, in that escalation in A's behaviour would impact upon mother's abilities to care for him and exacerbate any mental health difficulties. The school records and the travel book continues to describe destructive and oppositional behaviour, with A unsettled and using very foul language as well as trying to hurt a female child.
49. Sadly for A, the time he spent back with his mother from January until May seems to have been the time when the previously cooperative and largely harmonious relationship between mother and the grandparents started to breakdown. A was asking to return to the care of his grandparents, which must have been very upsetting and stressful for his mother. It is against this background and A's obvious distress at the lack of security and certainty that he had had before which underpins this time.
50. M reported father to the police for behaviour she describes as harassment, although the police did not take the matter any further. The mother spoke of depression to her GP at this time and contacted the emergency duty team in a distressed state. A's behaviour becomes more aggressive, hitting other children. He becomes unsettled and his behaviour sexualised. M attributes the difficulties with A's behaviour to F's own behaviour and abuse of A. As I have mentioned, she is unable to accept that her own mental health behaviour or approach to A could be responsible for any of A's difficulties. This court is unable to be so categorical. A possible explanation for some of A's difficult behaviour could be his reaction to the deteriorating mental health of his mother and her ability to cope and provide the security and certainty which A needed. It is a Catch-22 situation in that the more difficult A's behaviour became, the more stressed mother became and it then follows that A's security lessened and his behaviour deteriorated.
51. In discussion with professionals, M's response was to say how appalling F's behaviour was and complain about PGM undermining her. On 9^th April, Sarah Connolly undertook a joint visit to speak to father in relation to the allegations A had made on 24^th March. A had said that his father locks him away. M had stated that A had said he got locked in the recording studio and that he is scared of the recording studio and that father hits him and turns the music up so that no one hears him. It seems from what A has told S that A was indeed left in the recording studio, but he did not display in telling S about this anxiety or concern. Father said that he had left A on his own once when he went to get bread and could have heard A from the garage to which he went. The social worker disagreed that this was the case. I found it was unwise to leave an autistic child of 7 on his own at all and A during the time he was alone was placed at risk of harm. However, in the scheme of things it is not significant.
52. On 5^th May, it was noticed that A was disobedient and cheeky and told his father that he did not like him and was going to have him arrested. A tried to punch his father in the groin. A refers to classmates as "fucking cunts" and "little bastards" and says, "I'm going to kill you, punch you in the face and murder your parents." The swearing, again, I find is more likely to have been picked up by A in his mother's household. They are words that she herself has used. At a meeting at school on 6^th My, PGM reported that A would only go to his dad's under protest. She described the protest beginning around teatime and continuing with A kicking and screaming while he was in the car. Mr Sands' view was that A would behave like that if he felt uncertainty and it was important he did not control how the adults behaved. PGM said that she used the phrase "kicking and screaming" effectively as a figure of speech rather than an accurate description. However, what is clear from the documents is that early in May 2014, A demonstrated a reluctance to be with his father. "He is horrible to his father when he sees him" and on 9^th May, mother told the paternal grandparents that A had said he did not want to go to his father's that evening. A instead spent time with the paternal grandparents and returned to his mother at about six o'clock. M records in the travel book and I read from J26:

"A came home from nana and granddad's after school at 6:00pm approximately and I asked how his day had been. He said, 'Alright.' He said he didn't want to stay at his dad's house again. I asked him why and why he didn't want to see his dad. He explained why and as a result of what he told me, I called the police to investigate. He wasn't comfortable at home so we took him to my parents for a visit. He also repeated the accusations to my parents and my brother and sister-in-law and his cousin. He had trouble getting to sleep."

53. At H3 the police record what they say occurred on 9^th May of 2014:

"At approximately 20:00 hours on 9^th May 2014, M contacted the police, reporting a possible sexual assault on her son, A. It was reported that A had informed her that he had been digitally penetrated in the anus by his father, F, who had also masturbated his penis at the same time. This was alleged to have occurred two weeks ago when A was at his father's address.

A was spoken to by officers in the presence of his mother and his account remained unchanged. He stated that his father swore up his bum by sticking his middle finger up his bum a number of times. A also disclosed that his father touched his groin and pulled his willy. M also stated that around two weeks ago A had dryness around his anus, which may coincide with the time that this incident is alleged to have occurred.

It was reported that A is autistic and he is known to tell lies. A was also seen to have a small cut to his right knee, which he stated that his father had done with a piece of glass. However, M stated that it was lies and he had simply fallen over when he was at his grandmother's address. A also had a small bruise on his left leg, which he claimed that his father had done with a hammer. Again, M stated that she did not believe this to be true. It was also disclosed by A that F, his father, punches him on a regular basis. However, M stated that he never has any injuries to substantiate his claims. Although M stated that A sometimes tell lies, she stated that she believes he is telling the truth in relation to the sexual allegations.

A openly admitted that he does not like his father as he is not very nice and that he does not want to see him again. A is due to be ABE interviewed in relation to the allegations he has made against his father. He is not due to see him again until the following Friday and M has been advised not to allow F to have any contact with his son for the time being.

At the time of the officers' arrival, M smelled of alcohol. However, she was not drunk. She was clearly visibly upset by the things A had disclosed. A was chatty and quite confident and fluctuated between talking about the sexual allegations to unrelated matters. He appeared to be easily distracted.

A was interviewed and gave a consistent account, stating that his father had stuck a finger up his bottom and pulled his willy. F was interviewed as a voluntary attendee and denied all the allegations that were put to him. Further enquiries were made with A's school and a clinical psychologist where it was confirmed that A is known to tell lies and he has recently stated that he wants to get his father into trouble and sent to prison. M then informed the police that, following the ABE interview he has made further disclosures of sexual abuse. It should be noted that when A was being spoken to by officers, his description of the alleged abuse was not the language expected of a 7-year-old child, but much more of the language that would be used by an adult, an example being that he referred to his 'testicles.' It has also become apparent that there is a major conflict between M and F."

54. The police carried out further investigations into what A had been reported as saying and what he had repeated to the officers in the presence of his mother. When the officers arrived at mother's house, A immediately asked, "Are you here because of what my dad has done?" The officer asked what had his dad done and A replied, "He's not very nice to me. He's a bad 'un." A said, "He puts his middle finger up my bottom." He said it happens when he goes to his father's house. When asked if his father said anything, A replied, "He says the f-word, the c-word, the b-word and the s-word." He said F pulls on his willy and then went on to say that his dad hit him in the face, slaps his bottom very hard and will leave him in the house for long periods of time by himself. PC Madison reported that A was very emotional while telling him this and asked, "Are you a police officer? Can you get my dad to stop hurting me?" Contact with F was stopped, but A continued to see and stay with his grandparents. A was ABE interviewed on 10^th May 2014. It was said to be "not easy" and indeed watching the video of the interview confirmed that view.
55. On 12^th May, DC Gary Robertshaw raised concerns with children's services about A's honesty and aggression and, along with other information which further enquiries had elicited, the police decided that no further action should be taken. On 12^th May, Helen Dunn visited A at his mother's home. He had not been into school that day. Mother reported that A had changed his story and was telling her that father put his winky in his mouth and had put his winky in his bum and that he did that "smelly wee." Initially, A had used the word "willy" to the police. A's own terminology was "winky," which he now used. When Helen Dunn spoke to A, he told her, "He licked my bum, put his winky in my mouth, put his middle finger up my bum, pooped in my hand." A had been upstairs with MU prior to Helen Dunn speaking to him and MU was reported as saying, "Just tell the social worker." A told Helen Dunn when she said she would visit again, "Don't bother, you're evil." He hit Helen Dunn on the arm, came to hug her and did a thrust which mother, maternal uncle and maternal aunt said that A had learned from father.
56. On 14^th May, the paternal grandmother reported that A told her that father did not say those things, that mother told us to say it. Thus, within a short time, it is reported that A had retracted the allegations. It was the beginning of a pattern of allegation and retraction. Mother stated that A says his grandparents told him he had made it up and that they told him that mother had told him to say it. Despite the view expressed by mother that the paternal grandparents had suggested to A that mother had put him up to saying these things, A continued to go and stay with his grandparents in that he went to stay with them on a Thursday evening. The case recording on 16^th May of 2014 at F109 within the bundle sets out:

"Helen Dunn. Following a meeting with M and PGM, A asked to speak with all the four ladies: S, School A; R, School A; Alison Taylor, children's services and Helen Dunn, children's services. He asked who everybody was and was eating a packet of crisps. A said he needed to get out of seeing his dad as he was so strict so he made up some bad lies. He went on to say all the allegations were not true and discussed each one, including all sexual and the bruise and cut on his knee. A asked us not to tell his mother or his grandmother. S asked what strict meant and he said, 'Sticking to the rules and boundaries.' She asked him what boundaries meant and he replied he was made to eat his tea."

57. It is also recorded that on 19^th May that A said to PGM that M had been digitally penetrating him to get his dad into trouble. The relationship between M and the paternal grandparents was difficult and strained, but A was still seeing his grandparents until mother stopped contact following father coming to see A at their home. Paternal grandparents gave evidence that Helen Dunn said she approved A having contact with his father in advance of the visit. Paternal grandmother said A had asked to speak to his father when he heard his father on the phone. Grandmother told me:

"I rang Helen on 20^th May. She said, 'I have no problem with F seeing A.' Neither did the police. The police had already been to see F and said they were taking no further action."

PGM when asked why she had not contacted M said:

"I knew she would say no. It was not all about M. It was A wanting to see his father. It was a lovely sight to see."

M had refused to speak to PGM from 9^th May onwards. All communication was by text thereafter. The entries in the travel book continue. Paternal grandmother in evidence told me:

"All of this in this book because it turns out to be the ramblings of M. It was supposed to be A's day. Now it was everyone feeding into it with all the allegations."

58. A has made and repeated allegations against his father. He added to them, including things such as, 'He pooed in my hand' and he alleged physical assault by his father, for example, glass in his knee, which were accepted by all not to be correct. He then retracted what he had said, making a point of wanting all four ladies present, saying he made the allegations because he needed a reason to get out of seeing his dad because his dad is strict. He forces him to eat his tea. A also extended the ambit of allegations to include telling his paternal grandmother that mother had been digitally penetrating him to get dad into trouble. A referred to his father as being a "vicious paedophile," congratulating himself, saying:

"That's a strange word for me to know and vicious, you wouldn't think I would know a word like that."

Paternal grandmother noted, when in bed, A said his mum had said that they would have to say his dad put his willy in his mouth.

59. At school, A used gestures between his legs to explain about how a foreskin was pulled back. The day following, i.e. 21^st May, M told school to record it. Mother told the school:

"Paternal grandparents have told A he was lying and he had to apologise to father, which he did during contact. They accused mother of making A say these things. A told mother what had happened when he returned home. What A had said must be true as he was speaking like a child, not an adult and he had not heard these things before. One of the things he had said was, 'Mam, doesn't a winky look horrible when it's inside out? That's what dad does.' She had previously questioned father about A's sore bottom."

60. The account which M gave to the school on 22^nd May of what A had said the previous night mirrors her belief that things started to occur the previous summer and yet there was no disclosure or sexualised behaviour until March 2014. I do not accept that A would have been silent for many months before saying something if he was uncomfortable with the behaviour of adults around him. The fact that mother is claiming on 22^nd May 2014 that A is telling her he told the paternal grandparents last summer what was going on with his dad causes me concern as to the mother's role in A's disclosures. Additionally, I do not accept that if A had said something in the summer of 2013 about his dad behaving inappropriately to him that his grandparents would have done nothing at all about it. One of the difficulties that the grandparents say they have with A's account of his father's behaviour is that he has never said anything to them about his father abusing him and they say that if A did tell them directly, I accept that their attitude would be very different. I accept he has never said anything to them, save to retract allegations. I found them to be genuinely concerned about their grandson's welfare and I find that he has been their priority.
61. Both grandfather and grandmother were able to voice their criticisms of F's behaviour and F in forthright terms. Grandmother said in evidence that his attitude towards drugs was "ridiculous" and "a real embarrassment." She criticised that F can be harsh with A and described F shouting at A, which A did not like. She told me:

"A likes his little fantasies. He likes to make things up. M would appreciate his fantasies and so would we, but F wouldn't. F wouldn't allow him to say things."

She said that she did tell F about her view of his methods, but that F would not listen. PGM told me that if A had said to her that his dad had done it that "we would deal with it." PGF told me that he did not agree with his son's opinions on drugs, but said he was a grown man. He said he was not worried about what F would do, but disagreed with certain aspects of his parenting, his harsh words, shouting or smacking his bottom. "I can only voice opinions and say it is not the way I would do it."

62. F asserted to the NSPCC that he knows A best of all, but I find that he does demonstrate in his behaviour and attitudes a lack of insight and empathy. What came across very clearly in the evidence before me was that F believed he was right in the way he dealt with A and as the NSPCC said, in the view of the family worker, F does not have the motivation to change because he does not think he needs to change. F's evidence in respect of his drug use was an example of his arrogant attitude. He would recommend drugs to any adult. He told Tracy Swiffenbank he believes drugs have made him the person he is today. His certainty that his approach with A was a correct one and his failure to acknowledge that leaving a 7-year-old autistic boy on his own, even for a short length of time, was inadvisable and wrong is illustrative of this point. Despite knowing of the importance of the assessments, father failed to engage fully with the NSPCC or Estelle Lowe. He has at times been extremely derogatory about M, calling her "scum," which he explained by saying he was under emotional stress. He explained that he disagreed with a lot of what Tracy Swiffenbank wrote down. He said they misrepresented what he said. He said it was a "highly emotional time."
63. I accept that it was indeed a highly emotional time, but his attitudes now have some longevity. F was clear that A is repeating what his mother has said and all the adults are believing him. He told me that no one is helping A deal with the situation. The adults are failing A. He said he was not overly harsh with A. He said he smacked his bum when he was naughty and he said:

"I stand by that. When A starts lying, I do tell him off. It has been a problem all his life. I don't let A get away with it from the very beginning, otherwise he thinks it's okay. I'm sharp and to the point. Ultimately, he has two obvious problems. He has to be in control and he tells a lot of lies."

In relation to him refusing to let A stay with him as a punishment, he said, "I took control out of A's hands." His view is that his approach to A is the best one. He said, "Do not let A get away with it. Take the power of his hands."

64. When father has been observed to be angry and argue with A in contact, it is recorded that A typically will then say he wants to end the contact session as he does not appear to know how to deal with the situation. Although A has said he is frightened of his father and does not want to be alone with him, I am not aware that it has been reported that A had actually appeared frightened when in company with his father, but has taken control by saying that he wants to end contact. Miss Scriven submits at paragraph 24 of her submissions that the court will have to consider what is the cause of this fear of his father many months after he has left his mother's care and has been living in a neutral setting. She queries, "Is it not a pointer to sexual abuse or could it be caused as his father and paternal grandparents assert by his firmness with A?"
65. A's contact with his father was stopped between January and May 2015 as A did not want contact. Samantha Booth says that upon becoming the allocated worker, A's views in respect of contact were explored. It is fair to say, she says, that they were mixed and he was advising different people of different views. It is, I recognise, extremely difficult to ascertain A's views over a continuing period of time. There is evidence that A is scared of his father. At C281 in relation to guidance and boundaries, what is set out is that there have been concerns identified in relation to A being left alone by F at his property and also in relation to F being overly harsh and extreme in terms of boundaries and consequences for A. Most recently, A informed the manager of his placement on 19^th July 2015 after he had wet his bed during the night, when asked, A advised that he did not tell anyone of this because his dad used to tell him he was too old to do this and would poke him in the chest, which A demonstrated.
66. A recurrent theme which has arisen both in contact sessions and from discussion with F is his clear dislike of A telling lies. A has a limited repertoire of things he would choose to talk about and he does say things which are not true, for example he is a 57-year-old and that he drives a VW car. F within contact sessions has noted to become increasingly angry and argue with A that what he says is not true. A typically will then say that he wants to end the contact session as he does not appear to know how to deal with the situation. A frequently speaks negatively about F and will say he does not want to be alone with him and has informed the NSPCC workers that he is frightened of his dad. F will say this is a consequence of him not letting A get his own way and due to providing firm boundaries.
67. It would appear that F is extremely firm with A, which has been termed as "harsh" at times. Some of the information A has provided to various professionals in relation to his experience of being cared for have indeed been harsh methods of parenting, although F refutes the information. It is apparent that in respect of the adults with whom A comes into contact, F is the most strict and at times A has expressed that he is frightened of his father. F will shout at and argue with A and cut across his fantasies, which A dislikes. However, it is also apparent from other evidence, such as the video, that A enjoys his father's company and if the grandparents are accurate, he misses his father when there has been a gap in contact. I do not doubt that F loves A very much and takes delight in his relationship with his son, but I do find that his more rigid and less accommodating approach causes at times anxiety, confusion and fear in A's mind. It is right to recognise, however, that father's control of A has enabled A to enjoy activities that any other young boy would enjoy. Overall, I do find F, as indeed do the grandparents, somewhat harsh in his attitudes to A.
68. On 22^nd May, mother, MA and MU attended a meeting with John Sands. A told John Sands that father had "put his winky in his bum hole and mouth and peed in his bum hole." This is two days after A had been recorded in a travel book as discussing some people having their foreskin pulled right back. Paternal grandmother had also noted that A told them his mum had said, "They would have to say that his dad put his winky in his mouth." At the meeting with John Sands, John Sands said the impression he gained was that the maternal family wanted him to listen to the disclosure and determine whether or not A was telling the truth. John Sands said in evidence that he had not expected A to attend that session, but M was insistent that A wanted to talk to him. John Sands said A joined the session and immediately made the comments without invitation and launched into it straightaway. John Sands said:

"It was quite clear M hoped I would be helpful in the potential court case. I think she picked up that I saw her as a competent mother and wanted my approval to help her."

Unfortunately, it is apparent that one of the uses of the documents that have been provided has been with an eye on the forthcoming court proceedings.

69. John Sands told me that he was impressed with what he saw about M and that A responded very well to A and was managing A's challenging behaviour, but lost confidence and went to get paternal grandmother. John Sands told me A picks up on words and phrases and uses them sometimes in context, sometimes out of context. He opined, "He must have heard the word at some time." He said A is very hyper vigilant and if there is a powerful response, A will use the word again. It is apparent that over a prolonged period of time A repeated certain words and phrases and made similar allegations against a wide range of people. He made allegations of a sexual nature against his mother, his father, the next door neighbour, maternal uncle and N, a friend of dad's. In November 2014, he said his paternal grandparents put their finger in his bum and so did father and that paternal grandparents and father weed and pooed in his mouth.
70. In relation to allegations of physical abuse, again, he accused a wide range of people, including staff at Residential Home B and L, who is a friend of his dad's. On 3^rd June, maternal grandfather records in the travel book that A is hoping that they will find evidence soon and that he was in a lot of pain when his dad put his finger up his bum and his bum was throbbing. One would usually in this kind of case place importance upon a child describing how he felt. However, in A's case it is much more difficult. A was seen on 4^th June 2014 by Dr Rollinson who expressed concern about what was happening in this young boy's life. She said it was concerning that A alleged that his father caused all the bruises she observed and that his mother said that could not be the case. A asked Dr Rollinson to look at the bruise on his penis, but she did not identify a bruise. Mother had previously stated that she was concerned that A had a bruise to his penis the previous week. It was not observed.
71. The allegations in much the same language and the retractions continued throughout the summer months, sometimes saying mum had done things, sometimes accusing dad. Sometimes, as for example on 8^th July, telling his teacher, O, that he had told fibs about father and that mother had done these things and got a boy to put his winky in A's mouth and that "jelly wee" came out. The following day, mother says A told her he had told fibs to his teacher and A had told her that the paternal grandparents told him to lie to his teachers when he was staying with the paternal grandparents the previous night.
72. On 17^th July, A repeated to school staff that he had told fibs about father and it was his mother who had done those things. K at Organisation A recorded her experience of A when he attended the summer school at the end of August, namely, 26^th, 27^th and 29^th August. K stated at C171 (this is on Tuesday, 26^th and Wednesday, 27^th):

"A made some allegations to the staff that supported him, saying his mum made him lie to make his dad the bad guy and that she dresses him up in dresses and puts on nail varnish as he isn't manly enough."

On Friday 29^th August:

"Around 10:20am a staff member came to me to tell me that A has several bruises on his arms. I had a look as well while he was sitting on his bike. I asked her to support A to the toilet when he is coming off the bikes to have a look if he has any more bruises. A did have some bruises on his legs. Prior to lunchtime, A told me he would like to go to the soft play after lunch. I told him he could and he replied we are 'lovely and kind to him and we wouldn't hurt him.' He was safe here. At 1:50, A was asking if his mum was coming here. I said no and that his grandparents are picking him up. A stated his mum does bad things to him, saying, 'She wees in my mouth and sticks her middle finger in my bum.' I tried to distract A to enjoy the rest of his hours here. A said, 'It's my mum who does bad stuff, not just my dad'."

73. Following upon this event and disclosures, A was placed in foster care under s.20. A's world was turned upside down. He was living not with his mother or grandparents. He did not see his grandparents for five months following upon this event. The foster placement was spectacularly unsuccessful. The carers could not cope with this little boy, who DS Flynn said in his opinion was trying to shock people by what he says and appears to revel in and enjoy the attention. It seems that the comment of DS Flynn can be viewed as an accurate comment and referable to much of what A has said. To be fair to the foster carers, it does not seem as though they were properly prepared to care for a child with A's requirements. It is not an easy task to do so and it requires in fact great dedication and commitment. Father was clear in his evidence that A enjoyed seeing people upset. The foster carers recorded that A enjoyed hurting the foster family's little dog and that he had said he would get it killed.
74. On 10^th September, Dr Rollinson wrote to Helen Dunn:

"I am writing to you to express my serious concerns about his [A's] behaviour. He came with his new carer, who reports the difficulties he has had with him at home. Of particular concern is that he readily becomes aggressive. He will not allow anyone to call him a 'he'. He said that he does not like boys. He has also said that he wants to dress in girls clothes. In the assessment today, he dressed in a dress and told me he wanted to be a woman and asked me if he could have an operation for this. When I said this was something that grown-ups might get done, he became very cross with me and told me that he was a grown-up. He was very confrontational. At the end of the assessment, he also deliberately broke an object, throwing it repeatedly to the floor. His carer also advised me that he had harmed animals in the past and he has made threats against the dogs in his current placement.

Like you, I see many children with challenging behaviours and I write because of my concerns about the way A presented. I do appreciate that he has had recent stresses with him going into care, but I worry very much that in the future he may present with risk to himself and to others. I know that he is going into a residential home and hopefully they will be able to provide therapeutic support. However, I wanted to write to express my concerns and really to seek assurances that he is going to get the therapy that he needs."

Clearly, there was concern about A's behaviour. It is also notable that when A is stressed, he does revert back to wanting to be a girl, to dress up in girls' clothes and to adopt a different persona.

75. On 12^th September of 2014, A moved to Residential Home A. It must have been a very confusing time for A and it must have been very confusing for A to have been removed from his mother and grandparents' care into foster care and then into residential care. A's behaviour the day after he moved in prompted the police to come and see him. A, it was said, had attacked a 6-year-old boy in a shoe shop. What actually occurred is not clear, but it was an incident which the 6-year-old child's mother was sufficiently concerned about to inform the police. Within days, A was saying he wished he had not told lies about his grandparents.
76. There were no more allegations of sexual misconduct until 26^th September and there then followed a number of allegations against his mother and his uncle and N. A was interviewed by the police and A said he had lied and that no one had hurt him. On 28^th October, A disclosed that his mother was always angry with him and he did not know why so he could not stop this. He stated that his mother was very angry with his father and told him to "lie about dad doing those things to me." He stated he would like his mother and father to get along with one another as he wanted to have contact with them, but would like to live with his paternal grandparents. He also said on 28^th October to the social worker that he had made a terrible mistake. He had lied about his father because his mother told him to. His mother had become angry and broke his pots. The social worker reported that A was very confused and upset and needed to put things right so that the family would be friends again. A said that at this time he is also to have alleged that his father once placed his hand over his mouth, commenting that he had forgiven his father for this. It is clear from what A was saying at this time that, in A's world, what he wanted was in fact what any child of A's age usually would want, namely, that his parents got on and did not argue, that he saw his parents, but he expressed the view that he wanted to live with his grandparents.
77. A has remained at Residential Home A and has clearly thrived there. His obsessional and challenging behaviours have continued both at school and at Residential Home A. The sexual allegations have decreased in frequency, but he has continued to say father has done bad things. He has been abusive and unpleasant to his mother and he has shouted at her for smashing his pots.
78. In early August 2015, A with the help of Y prepared a letter for me. He completed his letter on 3^rd September. He sets out his wishes that he wants to live with his grandparents, to see mother and father and to see maternal uncle and aunt. It is a careful and considered letter. Y, the manager at Residential Home A, told me A is more confident in himself and is more able to be a child than when he arrived. He is more relaxed. She helped him over seven or eight sessions with the letter and checked that it was what he wanted to say. She described A as very relaxed and very pleased to see his grandparents. She said that he was very loving to them and eager to see them. He wanted to see his mother, but would push boundaries with her. Y said it became quite tense at times. Y said that with father again it could be tense. With both mother and father when it became time to leave, she said A would hold her hand and go. He is quite happy to leave. She told me that is not the case with PGF and PGM.
79. A's letter at F147 is worth reading. It is A's own words, assisted by Y, but it is A's wishes and feelings:

"I want to live with my nana, PGM, and grandda, PGF, because they are very nice, kind people. They still have boundaries which keep me good. They need to stop me doing what I want because I can't do what I want all of the time. My nana, PGM, and grandda, PGF, would help me see my mum once a week. They would take me to my mum's house because that's where I want to see her. They would not stay with me when I see my mum. I need someone with me when I see my mum and that would be Sam, my social worker, contact officer. I would like contact officers I'm used to, like Steve Kavanagh, Wendy and Steve Banks. I'm okay with visiting my mum's house and then going back to nana and grandda's. I want to see my mum for longer than an hour. I want to tell the contact officers if I want to leave early though. I'm happy to see my aunt, MA and uncle, MU and C when I see my mum. I'm not keen on seeing B because we are not getting on at the moment. I want some time when it's just me and my mum. I want to see my dad once a week for one hour. I want to be able to tell the contact officer if I want to leave early. I want to see my dad at his house. I want the contact officer with me when I see my dad. I would be very sad if I can't live with my nana and grandda.

If you say that I can't live with my nana and grandda, I want to see them. I would like to go to their house and stay till the next day, then go back to where I'm living. I want to stay with my nana and grandda on Friday after school. In the school holidays, I want to stay with my nana and grandda from Friday morning until Saturday teatime every week of the school holidays. If I can't live with my nana and grandda and have to live somewhere else, I want to live at Residential Home A till I'm 18. I want to live at Residential Home A because it's a lovely place and Y is here and I'm safe and I've got my big pot. I don't want to live somewhere like H and J's, who are my foster carers, because it sent me mental. I could not get to sleep there and they were saying silly things to me."

80. It is clear that mother has, as Miss Langdale submitted, a fixed belief that father sexually abused A. I find that she was desperate to obtain proof of that abuse. Whether in attempting to obtain proof she encouraged A to say and do things is possible, but it cannot be positively determined. To that end, she instigated the video which I have seen and in respect of which a transcript was prepared. In M's eyes, it confirms what she believes. A has been sexually abused by father. It confirms that the paternal grandparents are telling A that "his dad didn't do it, his mam did." I find no weight can be attached to what A said in the video. It makes for very concerning viewing, not just because of what A was encouraged to say, but the fact that A was put in the position that he was. There seemed to be no recognition by the adults involved of the distress that A was exhibiting. Miss Langdale refers to A being "cornered and bated" into changing words and answers to an angry sounding mother who swears in reference to grandmother. Miss Langdale submits A appeared chaotic. I find it was emotionally abusive and demonstrated mother's desperation to obtain proof against father.
81. It is undoubtedly the case that in addition to allegations and retractions, A tells lies. Many children do tell lies about all sorts of things. However, A's lies are of a different calibre and unusual nature. He tells of being hit with a hammer by father and staff at Residential Home A, of seeing naked photographs of a contact supervisor. Mother confirmed that some of the matters which A claimed to be true were not, such as father using glass to cut his knee, saying he was with his maternal uncle when he clearly was not. A has the capacity to lie. Estelle Lowe in her evidence reported:

"A showed considerable capacity to fabricate, living in an imaginative world that has in the past included he is a girl and a 56-year-old man. The indication from observing A and talking to him is that at the time he makes a statement, he truly believes that it is so. Thus, it would seem that if he truly believes it to be so at the time he makes it, whether or not it is true, it must follow that each time he repeats the same allegations, he has a belief that what he is saying is true."

82. A's understanding of right and wrong is not complex, which Estelle Lowe says is as would be expected considering his social understanding is impaired because of his autism, but there is an indication he can further develop his ability to understand right and wrong in an organised, settled requirement. Estelle Lowe sets out:

"A's imaginative world did not present as a manipulative fabrication, although he does present as wanting to influence adults to pay attention to him and does this constantly. [I find that this is an accurate description of A.] Children A's age do have the capacity to tell lies as they have the cognitive ability to put themselves in another person's shoes. This knowledge gives a child the ability to say something which will mislead the other person. A does not present with this level of sophisticated reasoning. His presentation is that of an obsessional child who is stuck in a pattern of repetitive behaviour as a way of managing his interactions. This is related to autism spectrum disorder. [There is no doubt in my mind that A is stuck in a pattern of repetitive behaviour and that his allegations and retractions are demonstrations of this repetitive behaviour.] The above presentation does not mean A is not capable of telling a lie or deliberately wanting to mislead. His slow approach to the psychologist and then clapping his hands in front of her face indicates that he can plan to deceive."

83. The professionals spoken to indicate that A's allegations have been consistent and made in the same manner to different people. His drawings shown by Y are very graphic illustrations of his allegation of being urinated on and a hand touching his genitals, said to be that of his father. The psychological assessment indicates that A does have basic capacity to understand right and wrong. He is also capable of telling lies, which would indicate that he has capacity to know whether an event occurred or not, as this is necessary before he can manipulate the information. He is though likely to be awkward in terms of his emotional reaction to events, as is demonstrated by his behaviour in school, in contact and also in placement. This is linked to his autism spectrum diagnosis. His lack of emotional sophistication is likely to make it more difficult for A to misrepresent the truth consistently.
84. I do find that A is stuck in a pattern of repetitive behaviour. That at the time he makes allegations or claims to be someone else, as Estelle Lowe said, he believes that to be the position. What is striking in respect of A's allegations is that there is no context or what I will call detailed description. He describes an act or actions. He does not say where, when or what else was happening or such things as how he was dressed or how his father was dressed, such things as, "I was in the kitchen," or, "I was lying on a settee," matters of that nature that one would expect to see in allegations made by a child. I appreciate that it is necessary to factor in A's autistic condition, but it is striking that there is no detail.
85. Estelle Lowe emphasised that the psychological picture was complex. She said it is very possible that A's limited ability to communicate meant that when he stepped outside his usual sphere of topics to make allegations, he quickly became confused and the adults did not behave in the way that usually left him in control of his own situation as they had done previously. Considering the psychological context, it is possible that A retracted because he realised that there was an effect following his allegation, but this does not mean that he had initially necessarily lied or told the truth. It is not unusual for accusations to be withdrawn when the effects on the family become visible to the accuser. This would mean that A was able to recognise that his actions had caused him loss. I interpose that he seems at times to appreciate that, but at the same time his behaviour at the time of this assessment did not present of that of a deeply distressed child. He was in fact settling well in his placement and apparently developing a sense of security there. A's ability to communicate effectively with his peers, family and professionals is significantly impaired due to his autism spectrum disorder, but it is important that his disability should not be seen as an indication that he would not necessarily have given factually correct information about events truly experienced.
86. In oral evidence, Estelle Lowe highlighted the problems within this case. The type of information given by A and the words used by him are not what one would expect any child to have knowledge of at his age. A child will not have the information given by A unless exposed to it in some way. Estelle Lowe said, "I don't think these are things A could have invented by himself." I agree. She must be right about this. A has described a number of sexual activities, including oral sex, anal penetration and sexual touching. Mr Stoner submits in respect of the description of the retraction of the foreskin that it is highly unlikely that this is no more than A remembering an examination three years earlier when aged 5. Mother said he had never mentioned it since. Father said he may have mentioned it once. We do know from mother that in referring to her transgender friend she referred to innies and outies. It is unclear what A made of that discussion and whether he at any stage experimented, but the court must not speculate. A referred to "jelly wee." Estelle Lowe expressed concern about what this meant.
87. Clearly, it is right to express concern, but again, speculation is dangerous. It is highly unlikely that any of this knowledge came from school. I was extremely impressed by the evidence of S, who struck me as a fair witness who knew A well. She said when asked if A could have picked up the language and sexualised references in school:

"As far as swear words, yes, that would be a possibility. I remember a boy and he would swear."

I have also found that M used language, including swearing, which A could have picked up. She went on to say:

"As far as the sexualised language, I would say no."

She told me that A was not left unsupervised at school. She noted that A never mentioned anything about his life outside school, which, bearing in mind the role S undertook with A, is somewhat unusual, but I accept without reservation what S has said to the court. Mr Stoner submits that the possibility of A gaining this knowledge in the care of his grandparents can be safely discounted. Nobody seeks to argue against that submission and I am completely satisfied that it is an accurate conclusion.

88. Therefore, the core of the fact-finding exercise is to pinpoint, if possible, how A gained the knowledge which he has. Mother says it is true and accurate and descriptive of what has happened to A. Father and paternal grandparents say that M has made up the allegations and persuaded A to repeat them. They say, "A picks things up." The local authority put forward a range of possibilities to consider:

(i) Direct sexual abuse.

(ii) Exposure to pornographic material and/or adults engaging in sexual activity.

(iii) Adults instructing or encouraging A to make allegations of a sexualised nature and to behave in a sexualised way.

(iv) A combination of (i), (ii) and (iii).

89. The police when carrying out their investigation provided the opinion that they thought some of the language used by A was adult language and Estelle Lowe confirmed that it was possible that vocabulary was given to him so words like "paedophile" and "vicious" could well have been overheard or addressed to A directly and he has repeated them. A has the ability to pick up words and to use them in context. In relation to the non-sexualised language as well as the swearing, I have found words of this nature most likely to have emanated from M, who is not slow to express her loathing of F.
90. Estelle Lowe gave evidence that while children are interested in genitals, A has information which he describes and activities which he describes to which children are not knowingly exposed. A also made certain drawings. It is difficult to interpret those drawings, but not unreasonable to find that they have a sexual content. Estelle Lowe agreed when it was put to her that it was more likely that A was not just given words, but exposed to real people or pornographic material. Estelle Lowe made the point that A has obsessional behaviour and gets stuck in certain pockets of thinking. She said he would not have the capacity to adapt it to make it better. She said he could not reason and consider the situation as such. Estelle Lowe was asked whether it was significant that the abuse A described was always happening to him rather than something he was watching. Estelle Lowe said it was an astute observation, which she had not really thought about. She said A is quite literal, as autistic children are. However, A in his obsessional behaviour is adamant he is a girl or a 56-year-old man. As Estelle Lowe agreed, he had taken that on board and it became, "I am that person."
91. Estelle Lowe stated it was unlikely others could influence A to say particular things. Leading an autistic child either directly or subtly to repeat information is very difficult. He is a wilful little boy. It is extremely difficult to say he could be influenced to make repeated sexual allegations. However, the same reasoning must apply to persuasion to make him retract. Estelle Lowe described A as very concrete in thought, with lack of emotional wherewithal. It is also apparent that A can demonstrate a cruel streak. All of his behaviours are exacerbated by anxiety and confusion. It is correct, as Miss Scriven submits, that abuse by father is a recurring theme of A's. So too, however, is abuse by his mother.
92. A's behaviours are exacerbated by anxiety and confusion and it is clear that the relationship between his mother and father caused A anxiety. He was conscious of it. He says that his wish is for his mother and father to get on. I am satisfied that the relationship between his mother and father was appreciated by A and it forms the background to the allegations which he has made of both a physical and sexual nature.
93. Returning to the very first area of concern, namely, the touching of the teacher and A saying father told him to do it, there is no logical explanation as to why father should tell A to do such a thing. Father denies that he did and it is more likely, I find, that A just said it was father whether because he wanted to get father into trouble, being aware of the mother's feelings about father. It seems unlikely that he was put up to it by his mother. I cannot and do not make a finding of direct sexual abuse by the father or indeed by the mother. The evidence I have heard does not allow me to do so or point in that direction.
94. The relationship between the mother and father was not good and it became increasingly hostile. I find A had knowledge of this. The allegations started at a time when mother's mental health was poor and she was again finding the management of A's difficult behaviour (and there is no doubt that A is challenging to care for) demanding and draining when her health was not good and her health was deteriorating. The video is a demonstration of inappropriate pressure and questions. Mother could not see the harm to A from this action on her behalf and thus, other occasions of pressure and questioning A cannot be ruled out.
95. When at Residential Home A, it seems there was a tendency to accept what A was saying as being true rather than it being noted and taken seriously. I have some sympathy with the staff at Residential Home A who are dealing with a very confused, anxious little boy who has autism. I am not sure how much information or support they were provided with at the time that A was placed with them. It is clear that A knew that his pronouncements provoked a reaction in those adults to whom he spoke. A likes attention. The allegations being retracted and restored frequently have been directed at numerous other individuals. Even on a balance probabilities, which I apply, I cannot make a finding of direct sexual abuse by father or anybody else.
96. Thus, the explanations left are exposure to pornographic material or observing sexual activity or being encouraged by an adult to do and say what he has if one accepts the premise, which I do, that A at his age would not have the knowledge and information to make the statements which he has without the explanations to which I have referred. Upon the basis of the evidence of Estelle Lowe, it seems unlikely that mere instruction and encouragement will be sufficient to explain A's allegation and behaviour. It is what the paternal grandparents believe and they do know A very well. I appreciate that A has told his mother that his grandparents told him to say things and the grandparents say A told them his mother has said to him to say things. I find it unlikely in absence of some exposure to pornographic material or observation of sexual activity that A would know enough to say what he has or been able to describe what he says has occurred. Thus, unsatisfactory as though it may be, I find that there is no clear evidence to provide a definite explanation for A's behaviour. However, I emphasise that he has obtained his knowledge somehow and it is more likely that he has seen inappropriate things rather than just being told inappropriate things, but of course, it may well be a combination of both.
97. Both mother and father must remain what we call "within the pool." I cannot determine in whose care it happened. The dynamic of the relationship between mother and father, mother's mental health and possible slippage of boundaries or attention because of mental health difficulties, because both parents accepted limited use of pornography, father's drug use and possible slippage of boundaries or attention is referred to by the local authority. These are raised by the local authority as of possible relevance. Although all these factors may be relevant, they do not point in any one direction and it would be improper of the court to speculate without the appropriate determinative evidence. I am able to make findings on the basis of what I have analysed within this judgment and have done so as I have gone through the evidence before me.
98. Within the schedule provided at A143, Mr Stoner has very helpfully divided it into findings sought by the local authority against mother and father as a basis for the threshold, findings sought by father against the mother and findings sought by the mother against the paternal grandparents. I am satisfied that it is possible from the judgment that I have given to deal with each and every one of those allegations that have been set out. What I will say at this stage is that if there is any query as to any of those allegations, then I will deal with it in due course.
99. I therefore turn to the welfare issues. There are three realistic options for A's future care: mother, paternal grandparents or care, whether it be residential placement or fostering. Upon the basis of the evidence I have heard, while M loves A very much, her own needs as well as A's needs means that A's welfare could not be served by placement with her. Mother's wish would be for A to remain in Residential Home A whilst she undergoes therapy. There is no doubt that Residential Home A has provided a safe home for A and he has benefited from the care he has received there and his removal from the difficulties and battlefield of his mother and father.
100. The evidence from the school, particularly from R, is that it would be better for A to remain at Residential Home A. He has done very well at school while he has been resident there. He has apparently had his best year yet. The school understandably approach the matter in the main from the point of view of A's education and do not in my view consider the global picture, nor to be fair have they all the information which is necessary for them to do so.
101. There is a suggestion that A would best benefit from therapy in a neutral environment, but one has to balance the other matters which would be present if A remained within residential care. The local authority submit that the timescales for therapy do not meet A's needs. Steve Moulder, the team manager for A's social worker, Samantha Boot, was not in favour of residential care. It is right that he had not met A, but his view was that A should not have been placed at Residential Home A at all and based on A's age and characteristics rather than direct knowledge, he was concerned about residential care at A's age.
102. The local authority support placement of A with his grandparents, as does the guardian. Estelle Lowe opined that A requires more than good enough parenting and would best respond to patient, committed carers who are present in his life long-term. The paternal grandparents I find are totally committed to A and A wants to live with them. They understand A. The one occasion that grandmother says she behaved in a way that she regrets was that she slapped A. It was immediately dealt with appropriately by her and I am satisfied will not occur again. M remains and will continue to be an important person in A's life. The relationship between the grandparents and M was a good and supportive relationship prior to the allegations being made. It remains to be seen how successful any future interaction between them can be implemented.
103. I do believe the paternal grandparents have A's best interests as their priority and the paternal grandparents were able to tell me in the course of the evidence that M was a good mother and they had worked as a unit. PGM says that their relationship with M at present is non-existent and it is clear that there are bridges to be built. I have my concerns that neither parent will be able to move on or cease to blame the other for A's circumstances. I hope I am wrong. The grandparents I find are more open to trying to find a way forward.
104. Maternal uncle and maternal aunt have been parties in this case as I explained. They put themselves forward as potential carers, but following a negative viability assessment and the demands of their own family, they reluctantly decided to withdraw their offer to be carers for A, but they seek contact. It seems to me on the evidence I have heard that the maternal family were, sadly, very absent when M needed their support. It was PGF and PGM who gave M the time and support. MU told me in evidence that he and his sister more or less lost touch for a while and it follows therefore so did A. He said they would go at Christmas. He confirmed that it is only since the allegations have been made that they have been in A's life properly. I found MU more empathetic and sensitive to A than his wife. He told me he said, "Don't do it," in relation to the video, but it seems his concerns were overridden, as were his concerns in respect of the photos and dressing up in women's clothes. He said he was not keen on the photos being sent and he was uncomfortable. It seems his views again went unheeded. As I mentioned, A told the paternal grandparents that when he dressed up as a girl his uncle was not very happy, but everybody else laughed.
105. The family relations in the maternal family include a recent assault by his sister, malicious allegations to social service about abuse of B and C and mother and maternal uncle describe a dysfunctional and fractured family. Obviously, I have not looked into these matters in any depth, but it does seem that there may well be problems within the maternal family. MU said at first he did not know what to believe and at times, he thought A was lying. Obviously, he became a victim of some of A's allegations. He seems to have tried to contain some of M's behaviour, saying some of the comments that she has made he has said to her that, "You can't go around saying that."
106. MA was asked about the dressing up by Mr Stoner and as I say, I found her response somewhat illuminating. I did find her rather evasive and defensive within her evidence. Having had very little to do with M and A prior to the allegations being made, MA it seems became very heavily involved with M, writing in the travel book, attending meetings and supporting M's view of matters. As the guardian said in evidence, placement is the priority and the family must accept that placement is the priority and work together for A. The contact for family members has to recognise that A is going to be residing with his paternal grandparents and the priority is to make sure that it is successful for A and that he is not made confused or anxious by the behaviour of the adults. The guardian is not in favour of contact orders being made. The paternal grandparents express themselves willing to offer an olive branch to the mother and maternal family. It is important that the local authority approach A's future placement and contact with consistency and care.
107. Miss Langdale on behalf of the father and echoing some of the paternal grandparents' criticisms raises a number of issues about the local authority handling of the case. This has been a lengthy judgment and it is not my intention to now deal with the matters Miss Langdale raises. Mr Stoner tactfully states, while constructive observational criticism is to be welcomed, the court will no doubt keep its focus upon the key issues in the case and that is what I intend to do and have intended to do within the course of this judgment. I do find however that some of the criticisms which have been made are valid. The lack of in-depth knowledge in respect of the mother and her background and the incomplete information provided to John Sands were unhelpful. The lack of continuity, consistency and taking charge by social services was not remedied until a very late stage and was detrimental to A. I have found the school, in particular S, to have been supportive of A and to have provided an element of care and certainty for A at a time which he must have found so very confusing. It is important that this school continues to be a part of A's life.
108. I am satisfied that A should move quickly to his grandparents. I will hear any submissions that anybody wishes to raise now about the actual orders which the court is being asked to make today.
[Judgment ends]