FAMILY DIVISION
The Strand |
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B e f o r e :
(In Private)
B E T W E E N :
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HERTFORDSHIRE COUNTY COUNCIL | Applicant | |
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(1) MS T | ||
(2) MR J | Respondents |
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MR R TRESMAN appeared on behalf of the First Respondent.
The Second Respondent did not attend and was not represented.
MS F KING appeared on behalf of the Guardian.
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Crown Copyright ©
MR JUSTICE KEEHAN:
INTRODUCTION
BACKGROUND:
THE LAW
"One highly important aspect of the Lucas decision, and indeed the approach to lies generally in the criminal jurisdiction, needs to be borne fully in mind by family judges. It is this: in the criminal jurisdiction the 'lie' is never taken, of itself, as direct proof of guilt. As is plain from the passage quoted from Lord Lane's judgment in Lucas, where the relevant conditions are satisfied the lie is 'capable of amounting to a corroboration.' In recent times the point has been most clearly made in the Court of Appeal Criminal Division in the case of R v Middleton [2001] Crim.L.R. 251. 'In my view there should be no distinction between the approach taken by the criminal court on the issue of lies to that adopted in the family court. Judges should, therefore, take care to ensure that they do not rely upon a conclusion that an individual has lied on a material issue as direct proof of guilt'."
THE EVIDENCE
"It is my opinion that both children presented with evidence of significant disorder attachment development. There is evidence of heightened anxiety in their narrative about each of their parents. Both children have made allegations of physical abuse against Mr J and they have repeated those allegations to me. There have also been concerns that the children experienced physical neglect and possible emotional abuse and neglect in the care of their parents. I have other concerns about Child A's presentation. There is some evidence of neuro developmental issues, in particular, social communication issues. He may have some inherent learning difficulties. I am recommending a child psychological assessment of him to clarify these problems. However, within the context of what I believe to have been the dangerous parenting he has experienced throughout his childhood, it will be difficult to say any developmental difficulties are purely due to inherent developmental issues."
"She [the mother] described her relationship with Mr J which was characterised by domestic violence. She described him as a man who was repeatedly unfaithful to her and was often violent. He suffered an injury in a fight sometime between Child A's and Child B's birth. According to her, he was in a wheelchair as a result. It was difficult to get a clear picture of the extent of his disability. Ms T described Mr J as constantly irritable and she would avoid questioning him about things to avoid confrontation. Even when he was in the wheelchair he would throw things at her if he could not hit her but she denied that the children would have witnessed any of this and said that they barely had heard raised voices."
"What was particularly concerning about an episode in 2017 was that she told me she had asked Child A what to do. When I challenged her about her level of responsibility this placed on a young child, she said she would only want the children to be happy and what they decided was what would happen. In my opinion, it is likely that Ms T was dependent on the children to guide her in various situations in life. I have little sense that she understood the impact that Mr J's behaviour would potentially have had on the children; in particular the sexual abuse. I would be concerned if she was collusive in whatever deviant behaviour that was going on in the family home because she seemed to be unable to challenge him at any level."
"We spoke about concerns in relation to sexual abuse. Ms T has spoken about the videos of the twelve-year-old girl saying she knew he was unfaithful but he was not that low. In my opinion, this is a minimisation of what was actually found on the phone. She seemed unable to understand or accept the seriousness of her husband's behaviour. Similarly, the video of the eight year old boy, she initially said that somebody sent it to him by Facebook but when I questioned what kind of friends did he have that would see that as acceptable behaviour, she talked about telling him to delete it and he said that it was sad and horrible. However, she really struggled to think about what that might imply about his behaviour and the risk the children would have been exposed to in his care. She told me Child A was never really left alone with his father. However, when I challenged her she then said he had been on holiday with his father. She said he did go to Afghanistan alone with him but said she was on the holiday to Bulgaria dismissing that it was a concern. She said she would never have left him on his own except when they went to a mosque. Later, however, she talked about Child A sleeping in the bed with his father so that he could look at the father's phone. She said that they did watch videos together. Either this is a gross minimisation of the risks that the father posed to Child A or she is too frightened to say anything about the father as she is still at risk from him."
"The other possibility is that there was a degree of collusion by her in respect of any abuse of Child A. In particular I think the allegations he has made about sexual abuse by neighbours are very concerning. If Mr J is involved in some sort of paedophile group whereby he is receiving sexually explicit tapes of the abuse of young boys, Child A's allegations may indicate his father's involvement in what happened. At the very least they were living close to predatory adults."
"She stood in the one place for most of the contact. She spent most of her time engaging with Child B who I think is an easier child to engage with because she is a more compliant child. She really struggled with Child A, often either ignoring him or dismissing his attempts to engage with him. Any boundaries or rules she tried to put down the children tended to ignore. In the end, it was the social worker who had to stop Child A throwing balls out of the ball pit or bringing food into it. In the end, when the children were leaving, it was very chaotic and she had no control over the situation. She found it difficult to tell them it was over, that they had to leave in a way that could have reassured them. It was the social worker and I who had to step in. The social worker told me that in a previous contact she brings lots of gifts and usually the focus of contact is around the gifts."
"In my opinion, there is a significant risk that Child A has been sexually abused in the care of his parents. His father was in possession of child pornography including pornography depicting the abuse of a young boy by a woman. My concern is that Child A was at the very least being groomed in some way by his father given that he would spend time in bed with him and they would watch videos on his phone. Child A and his sister are sexualised with each other. The foster carers are vigilant to that and keep them separate and/or fully supervised. The foster carer told me that she is now of the opinion that Child A is the one who tries these behaviours and would watch them for some time.
"She said recently that they had been at another foster placement where he encouraged a child there to touch Child B. When I asked him about touching, he said, 'Yeah, yeah, she didn't let me but I do that at home. I'm just used to it.' He then tried to change the subject. There is a risk that home is a sexualised environment such that Child A talks about being used to it. It leaves questions as to Ms T's understanding of what was going on and her collusion with that."
"In my opinion, Child B is presenting with Compulsive Compliant/ Compulsive Caregiving attachment strategy (Type A: Dynamic Maturational Model of Attachment – Crittenden 2001). Children who develop this attachment pattern do so in the face of persistently unavailable care. It also develops when children have to managed unpredictable but repeated danger. They learn that it is best not to present their needs or distress to adults as at best it may not elicit any response or at worst it can provoke attack. Children develop the strategy of being pleasing and helpful as a means of being closer to their carer even though the focus is on the carer's needs not theirs."
"Sadly, I do not think Ms T is in a position to care for the children. I would be concerned if she remains under threat from Mr J. I don't think she is engaging meaningfully in the process, in particular thinking about the children's experiences and the risk they have been exposed to. She needs to engage herself in domestic violence services and also get some help to understand the risk to the children in terms of sexual abuse. I have questions as to whether she remains unable to engage because of the risk posed to her by Mr J. I think there is a possibility she may be frightened that he would kill her."
"She had been aware of this and it had happened a year ago. She said she was not sure what to do because she said that she believed him but she also didn't believe him as well. He had told grandmother who told the mother. The mother said she was pregnant with Child B at the time. I asked her who she thought it was and she said she was not sure."
"Regarding the allegation made by Child A that he was touched inappropriately by a Muslim man Ms T said Child A told her about this about one and a half years ago. She advised her that the abuse happened when she was pregnant with Child B and they were living in a shared house at that time. Child A told her he was touched on his bottom and the man also touched his penis. Ms T said that at first, she thought Child A was joking. I found this shocking because children normally joke about things that happen in everyday life and not about serious issues such as sexual abuse. I explained to her that Child A and Child B spoke about watching adult pornography on a mobile phone. She claimed to have no knowledge of this and never observed the children watching anything inappropriate. She could not understand why the children would say that."
"I asked Ms T whether she had knowledge of the video which was found by the police on Mr J's mobile phone of a twelve-year-old Bulgarian girl who was being abused. She informed me she saw the video at the police station after they were arrested in November 2017. She recognised the girl as she had attended her birthday party in Bulgaria. The girl's sister is married to Mr J's cousin. I asked how she felt when she saw this video of a twelve year old girl. Her response was, 'I will kill this little girl with my bare hands if I see them again.' She went on to say she was aware that Mr J was cheating on her but never thought this was with children. I advised Ms T that I was shocked by her response. I explained to her that this girl was only twelve years old and, therefore, still a child and not able to make informed decisions about sex. Mr J was an adult and from a professional view Mr J took advantage of the girl and committed a serious offence by having sex with a twelve-year-old."
"I revisited the issue of child sexual abuse when I met with Ms T on 23 February of this year hoping she had had time to think and reflect on the issue. Her mother, Mrs L, was again present during this session. I asked her what her views on child sex abuse were. I explained that they must have come across such issues in Latvia or since they had been living in the United Kingdom. Ms T said she did not know. She went on to say that what she saw when she went back to Bulgaria she thinks that Mr J and the girl were laughing behind her back. She said she was angry with both Mr J and the twelve-year-old girl."
"Mrs L's views were that the parent of the girl should be prosecuted as well for allowing their daughter to have a sexual relationship with Mr J. I advised Ms T that I was deeply concerned about her own ability to protect her children as it was clear that she was not able to detect child abuse."
(a) a catalogue of abuse of the children of which the children have spoken at the hands of their parents whilst in their care; and
(b) of their indulging in sexualised behaviour and demonstrating sexualised behaviour.
It is plain, in my judgment, from the foster carer's statement, that the children were speaking to the foster carers or being overheard speaking to other children in a wholly spontaneous way without any evidence of the children being coached or answers being suggested to them.
(a) she asserted that she had never seen the children exhibit sexualised behaviour. Given the degree and the extent of the sexualised behaviour observed by the foster carers almost from the moment the children were placed in their care, it is utterly inconceivable that that behaviour had not taken place and been seen by the mother when the children were living with her and the father;
(b) in her response to threshold dated 13 July the mother asserted that neither Child A or Child B had been sexually abused. When asked why she gave that answer when in her own evidence Child A had told her of an episode of abuse, she told me that she thought he had dreamt it. When further asked why she had not set out that incident in her response to the threshold, she told me, "I simply did not think about it when completing the response." That is undoubtedly a lie;
(c) she alleged that her views about the sexual abuse of the twelve year old girl had changed. However, despite being given several opportunities to do so, she could give no explanation for what had driven that change of view. The assertion that she had changed her view is a lie;
(d) the mother repeatedly asserted that Child A had been abused some four years before he told the mother. Child A has asserted consistently that he was six or more likely seven years of age when this event took place. The mother's assertion that she had been told so long ago is a blatant lie;
(e) Child B, as I have mentioned, asserted that she was struck by the mother with a belt. The mother said, no, she had threatened Child B with a belt to scare her. That is a lie;
(f) again she was asked later in cross-examination why she had not mentioned Child A's sexual abuse in her response to threshold and she again repeated, "I just did not think about it. It was not abuse." That is a lie.
"From my meeting with the her and the assessment of the social worker I have come to the same conclusion that Ms T has little insight into her husband's behaviour, the abuse and how this has impacted on her thoughts. Furthermore, Dr Butler raises serious concerns about the possibility that Ms T was collusive in whatever deviant behaviour was going on in the family home because she seemed to be unable to challenge him at any level. When I asked Ms T if she went to the assessment with her solicitor she replied, 'Yes,' and said she was disappointed by Dr Butler's suggestion of having contact six times a year. Ms T did not acknowledge any of the concerns raised by Dr Butler and the abuse experienced by the children and the risks posed by her husband."
"The dynamics between Child A and his mother are complex and unclear. Dr Butler observed Child A trying to put a banana down his mother's top and trying to get her to look down her top in contact. I am concerned that Ms T minimises the sexualised behaviour of Child A and also to concerns raised by the local authority. As much as she is able to show affection and warmth at the contact and is able to meet the children's basic needs, Ms T seems unable to address the emotional needs of the children and acknowledge her responsibility in failing to protect them from abusive behaviour or witnessing domestic violence."
"Given the risks identified by the professionals and Ms T's lack of insight into the concerns, I support the care plan of the local authority. I do not consider that Ms T has the ability to meet the children's emotional needs, to act protectively in the future or to address the serious finding that the children have been exposed to danger. I am of the view that the children would be at very real risk of harm directly and indirectly were they to be returned to the care of either parent."
ANALYSIS
(a) she is unable to control them or to set any form of appropriate boundaries to which they respond;
(b) she has placed an inappropriate burden of decision making on the children which is most worrying and which is a concern but most worryingly of all;
(c) is her attitude towards the videos and the sexual abuse of the children;
(d) I am not satisfied that the mother has truly recognised the need for her to change or the need for her to engage in therapeutic support;
(e) even if at this eleventh hour she has now accepted the need for such change, that will take at least twelve months and it will require long term support. If it is possible after that work to make her a safe parent, there needs to be intensive work between her and the children. The time for that work to be undertaken, even assuming it were to be successful both for the mother and then for the mother and the children, it is, I am satisfied entirely outwith the needs and the timescales of the children who need to know now what their settled and long-term future will be.
THRESHOLD
(a) the father's actions in respect of physical and sexual abuse;
(b) the mother's lies as I have found them to be;
(c) the mother's utter lack of insight into sexual abuse and/or the needs of her children;
(d) the children's sexualised behaviour; and
(e) the comments made by the children to their foster carers or overheard by their foster carers about life at home with the parents,
lead me to conclude that the local authority have established to my satisfaction on the balance of probabilities each and every fact set out in the schedule and I so find.
CONCLUSION