“If a legal rule requires facts to be proved, a judge must decide whether or not it happened. There is no room for a finding that it might have happened. The law operates a binary system in which the only values are nought and one.”
“Evidence cannot be evaluated and assessed in separate compartments. A judge in these difficult cases must have regard to the relevance of each piece of evidence to the other evidence and to exercise an overview of the totality of the evidence in order to come to the conclusion of whether the case put forward by the Local Authority has been made out to the appropriate standard of proof.” vi) The opinions of experts need to be considered in the context of all the other evidence. In A County Council v KD & L[2005] EWHC 144 Fam at paragraphs 39 to 44, Mr Justice Charles observed in relation to medical expert evidence: “It is important to remember that (1) the roles of the court and the expert are distinct and (2) it is the court that is in the position to weigh up the expert evidence against its findings on the other evidence. The judge must always remember that he or she is the person who makes the final decision.”
“In a case where the medical evidence is to the effect that the likely cause is non-accidental and thus human agency, a court can reach a finding on the totality of the evidence either (a) that on the balance of probability an injury has a natural cause, or is not a non-accidental injury, or (b) that a local authority has not established the existence of the threshold to the civil standard of proof … The other side of the coin is that in a case where the medical evidence is that there is nothing diagnostic of a non-accidental injury or human agency and the clinical observations of the child, although consistent with nonaccidental injury or human agency, are the type asserted is more usually associated with accidental injury or infection, a court can reach a finding on the totality of the evidence that, on the balance of probability there has been a non-accidental injury or human agency as asserted and the threshold is established.”
“… [the police] made contact with the [Local Authority] Emergency Duty Team and shared that A, the older sibling of B, D, C and E had made contact with them the previous evening. She reported that her father had sold the family house and all the household contents, and he was planning on taking all the family back to Pakistan and planned for A, B and C to be forcefully married. 5.2 A reported that she has overheard her parents in a conversation with an aunt who lives in Pakistan and parents could be heard talking about plans being in place for A and her sisters B and C to be married to their maternal cousins who currently reside in Pakistan. The plan was for father to leave the UK within the next few days, and for the rest of the family to follow within the next few weeks. 5.3 A became worried and initially spoke to her parents and expressed she did not wish to go. Parents are reported to have said that as she is 18 years old, she can make up her own mind. However she became worried for her younger siblings and made contact with [the police] about her concerns. 5.4 When the Police attended the family home to speak to A, the children’s father informed them that A had left the family home, and had gone to [another place] to stay with friends. However, when the Police attended the home of [a member of the wider family] later that day A was present and the family were having a meal to say goodbye. Following A speaking to the police officers both of her parents were arrested and detained for questioning.”
“Whether the proposed expert evidence will assist the court in its task; Whether the witness has the necessary knowledge and experience; Whether the witness is impartial in his or her presentation and assessment of the evidence; and Whether there is a reliable body of knowledge or experience to underpin the expert’s evidence.”
“a collection of practices used predominantly to control the behaviour of women and girls within families or other social groups to protect perceived cultural and religious beliefs, values or social norms in the name of “honour”
“1. As at 1 July Year Y that being the date on which the local authority took protective measures C, D, E, and F had suffered and/or were likely to suffer significant harm attributable to the care given to them, or likely to be given to them, by their parents such care not being that which a reasonable parent would be expected to give. 2. In satisfaction of the threshold criteria underSection 31 of the Children Act 1989 , the court has made the following findings: - 3. Since 7 September Year X B, C, and D have been the subjects of Forced Marriage Protection Orders. 4. In [date specified] Year X, the Mother and Father sought to force A into marriage with members of the extended family who live in Pakistan. Due to this, B, C, and D remain at risk of forced marriage and, therefore, at continuing risk of significant harm. 5. The Mother, Father and members of the extended paternal family adhere to Pashtun cultural norms and follow Pashtunwali codes of values and beliefs. 6. Due to A’s actions in refusing to enter into marriage in Year X, to inform the police as to her parents’ intentions to force B and C into marriage, her decision to inform the police as to the patterns of excessively controlling and restrictive behaviour within the family home including emotional and physical abuse of herself and her siblings, and her decision not to return to the family home at the conclusion of the care proceedings in April 2021 were perceived by the Mother, Father, and some extended family members to have brought shame and dishonour on the family. In consequence of the above, it was reasonably foreseeable that A was at risk of serious and significant harm by reason of the same. 7. The Mother and Father were unwilling to protect A from the risk of such harm. 8. The Mother and Father ostracised A because she had defied them and reported their abuse and her fear of them forcing her into marriage to the authorities. They perceived this as being contrary to the codes of values and beliefs by which they lived, which were in accordance with Pashtun cultural norms and Pashtunwali, and that A’s defiance of those codes was considered to be shameful to the family. 9. Further, the other children of the family were forbidden from having contact with A in consequence of her actions as outlined above and the perception held by the Mother, Father, and extended family members that she had brought dishonour and shame on the family. 10. Further, whether in consequence of their strict adherence to Pashtun cultural norms and Pashtunwali codes of values and beliefs or otherwise, the Mother and Father strictly regulated all aspects of A’s life for instance: i) She was not permitted to attend school; ii) She was restricted in what she was permitted to eat; iii) She was restricted in what she was permitted to wear; 11. Further, the Mother and Father exercised excessive control in respect of B in that she informed the police in Year X that: i) Due to her gender, she would not be permitted to attend university; ii) She was not permitted beyond the gate to the property without a friend; iii) She was expected to undertake cooking and cleaning; iv) She was not permitted to read books, watch TV or go outside. 12 The Mother and Father; i) Were unable and/or unwilling to prevent the other parent from strictly regulating the children’s lives as outlined above; ii) Failed to protect the A from such harmful ill-treatment; iii) Failed to protect the other children of the family from exposure to such harmful ill-treatment; iv) Exposed the children to risk of harm arising from their experiencing the same harmful ill-treatment. 13. Accordingly, the Mother and Father embarked on a course of conduct/pattern of behaviour which resulted in differential treatment of women and girls which regulated their everyday behaviour to the extent that the same amounted to significant harm. 14. Up to [date specified] Year X, the failure on the part of female children to comply with the above resulted in risk of significant harm including physical harm due to the parental desire to enforce the codes of values and beliefs by which they lived, which were in accordance with Pashtun cultural norms and Pashtunwali. 15. Additionally, in Year X, A, B and C made allegations of physical abuse of each other at the hands of the Mother and Father. Such physical abuse related to: i) The Father hitting B on more than one occasion; ii) The Father grabbing A by her hair; iii) The Father hitting A across her face; iv) The Father hitting C; v) The Mother hitting C; vi) The Mother hitting E. 16. Such allegations were true and accurate accounts of events within the family home. 17. The children’s subsequent retractions of the allegations were due to the influence of the family and the desire of the children to return home. 18. The Mother, Father, and extended family continue to adhere to Pashtun cultural norms and Pashtunwali codes of values and beliefs. POST-THRESHOLD FINDINGS 19. The Mother has not been honest with the Court or professionals and has chosen to hide the truth about past abuse in the family home prior to A’s allegations in [date specified] Year X, the intention to marry her off in Pakistan, her ostracisation, and the Father’s disappearance. Her dishonesty was due to her wish to hide evidence from the Court which she believes will be harmful to her attempt to secure the return of the children to her care, and her distrust of professionals who she believes are unjustifiably interfering with her private family life. 20. In order to try to support the Mother, G has also held back evidence from the court about A’s ostracisation and about the culture of the extended family and within the family home when the Father was there.”
“In family proceedings, the outcome of a fact-finding hearing will normally be a narrative account of what the court has determined (on the balance of probabilities) has happened in the lives of a number of people and, often, over a significant period of time. The primary purpose of the family process is to determine, as best that may be done, what has gone on in the past, so that that knowledge may inform the ultimate welfare evaluation where the court will choose which option is best for a child with the court's eyes open to such risks as the factual determination may have established.”
“In order to complete this assessment, I have used the ParentAssess Framework (2016) which has been developed for parents who have a learning disability and additional needs. It is based on the DOH Assessment Framework 2000 and complies with the Good Practice Guidance 2021 and uses various visual tools and methods to help the parent understand and engage with the assessment process. I have used a variety of techniques with the family including picture cards, and exploring situations from the child’s perspective I have completed parent/child observations. I have spoken to key individuals in the parent’s support network.”
“8. The reflective space offered to the Mother within this assessment process provided an opportunity to discuss, explore, re-visit issues. It is acknowledged that for the Mother the stakes are high, she dearly loves her children and seeks reunification. From the outset of the assessment, it was explained to the Mother that she needed to be transparent. What the Mother needed to bring to the assessment process was a willingness to reflect honestly about her own experiences and those of her children. Unfortunately, the Mother has consistently refused to enter into meaningful discussions. She has been guarded and untruthful even on seemingly minor issues. 9. The Mother has sought to deflect and minimise issues. She is clear that the Judge has “imagined” that there are concerns. She is frustrated by the continued separation from her children but appears to have no grasp as to why professionals are worried. The Mother asserts that the Judge has “made up” and “invented” issues which he has no right to do. The Mother remains fixated that she was “exonerated” in the Year X proceedings and that should stand. 10. Throughout this assessment, I found myself increasingly troubled by the Mother’s narrative and the projection of blame to others including her murdered daughter A. In the Mother’s mind A displayed behavioural difficulties which caused problems for the family in Year X. The Mother is incredulous about professionals’ resurrection of the concerns in the previous proceedings, and the recent finding that “the Father and the Mother were both planning to marry A off to a first cousin in Pakistan in Year X, without her consenting to that marriage”
“the victim becomes captive in an unreal world created by the abuser, entrapped in a world of confusion, contradiction and fear.” 14. The Mother appears unable or unwilling to talk about the Father in any depth and he is described in wholly positive terms. She blames the breakdown of their relationship on social workers. I am concerned that she remains under control from The Father and/or his extended family. The Mother is not an independent woman. She has no ability to make choices for herself, other than what food she might choose to cook. Even basics such as having a bank account and claiming benefits are inaccessible for the Mother. 15. After an untruthful description of financial freedoms, the Mother eventually conceded that she survives on monies from the Father. He left her with thousands of pounds prior to his disappearance and during the assessment the Mother produced a bag with£9000 . This is reportedly her only monies. It is unclear who now receives child benefit for the children, but the Mother no longer has a bank card. She has no record of any bills, and her estimates of expenditure are simply unrealistic. It is my view that other person/s are in fact controlling the family finances. The Mother remains vulnerable because at some point her cash will run out. She does not speak English, cannot read or write in any language, never travels alone. Accessing welfare benefits will be difficult for the Mother to navigate. … 17. It is stated by the Mother and the family that the Father is now living in Pakistan but that no-one has had any contact with him. This is un-verified, and he could equally be living in N and simply avoiding the ongoing Court process. The allegations made against him by H whilst under criminal investigation may have something to do with his disappearance. However, H has subsequently been convicted and there is no criminal investigation ongoing in relation to the Father. I would argue that this makes it more likely the Father would return to the UK where he has always lived and re-connect with family. The Father poses an unassessed risk which cannot be mitigated because there is a lack of transparency from the family. I find it difficult to believe that the Mother does not know more of the Father’s whereabouts. Even if he is in Pakistan, it should be noted that the Father is part of the Mother’s extended family, they are cousins. I would have assumed that if the Father had genuinely vanished with no trace that the Mother and the family would have reported him missing to the authorities, especially considering the assertion that his mental health was badly affected by social care involvement. 18. Within this assessment I have noted that the Mother explained that she was divorced, but that on a separate occasion referred to herself as being married. This occurred during a discussion about her wearing a headscarf and niqab (niqab is a veil for the face that leaves the area around the eyes clear). The Mother clearly articulated that this was worn because she was a married woman. When challenged about this the Mother backtracked explaining that she wears the niqab for “fashion” reasons and then stated that she did not understand the interpreter. 19. Throughout the assessment very clear and simple language has been used. A ParentAssess model has supported the Mother to engage and has addressed some barriers around her understanding. It is important to highlight that The Mother has had the same interpreter throughout the proceedings. During this assessment sessions have been specifically arranged to ensure that the Mother is supported by an interpreter who she knows and communicates effectively with. It is my view that when challenged about the validity of her answers the Mother sought to deflect. … 23 …. The Mother sought to present herself as forward thinking and liberal. Yet I formed the view she was controlled and oppressed. I was unconvinced that the Mother had the capacity to promote freedoms or choice for her children. 24. The Mother has been completely rejecting of any previous parenting issues. She does not accept the Court findings … 25. The Mother cannot comprehend how the Judge has made these findings when the children retracted previous allegations. The Mother understands things in very simple terms. She expects that professionals (and the Judge) should accept whatever is said at face value. The Mother is adamant that there were no restrictions on the children’s freedoms. They could access education, watch television, wear western clothing, and there was no requirement to assist with chores. The Mother is angry with the Judge and views the social work team as corrupt. 26. There is a clear family narrative in respect of social work involvement, and I noted with concern how the Mother’s daughter B gave an almost verbatim account of the errors made by the Judge at the finding of fact hearing and his “imagination” as her mother did during separate interviews. Like her mother B explained that it is G who explains the case to her, and she accepts his explanation without independent questioning. 27. B corroborates her mother’s account that there never was any issues within the family. She too firmly blames A for the breakdown of the family unit. B presented as angry regarding her sister’s previous behaviour. The only time B demonstrated any emotion when discussing her family was in relation to her father who is absent and allegedly in Pakistan. B is a key person within the Mother’s support network but unfortunately her inability to contemplate risk means that she cannot be seen as a protective factor. 28. Within the assessment the Mother has maintained that there are no concerns regarding her parenting capacity. Observations of supervised contact indicate that the Mother is caring and prepares meals for the children. She is also warm and genuinely enjoys her time with the children. However, the Mother finds some aspects of parenting more difficult. For example, emotionally connecting, sustaining play and interaction. She is dominated by B who takes a lead in terms of the parenting role. The Mother has found it difficult to accept advice from professionals to develop her parenting skills. Within this assessment she has reluctantly trialled ideas but is evidently indignant and seeking to pacify the assessor rather than engage in reflective learning around parenting strategies. I have seen no evidence of advanced skills to be able to emotionally support the children through multiple losses. The Mother finds it hard to maintain a meaningful dialogue with the children and there are awkward silences. 29. Without having sight of the case papers, I would have assumed B was mother to F and E. She adopts a parenting role and presents as very mistrusting of professionals openly challenging advice. I am clearly of the view that if any or all of the children were rehabilitated then B would be expected to take on an extensive parenting role. 30. Overall, I have come to the conclusion that it would be unsafe to rehabilitate any or all of the children to the care of their mother. Whilst she is presenting as a single carer, I do not believe that she is free, independent, or autonomous. The whereabouts of her husband the Father are unknown, and he remains an unassessed risk that cannot be mitigated by professional support or involvement because there is a lack of transparency from the Mother. 31. Sadly, the Mother has been unable to engage meaningfully in this assessment or to reflect genuinely on her parenting. The Mother’s voice has been silenced within this Court process. In my view she is vulnerable and unable to provide good enough parenting to the children which would keep them safe from harm. The Mother is not able to protect the children’s rights, choices, and freedoms due to the crushing influences of wider family and culture. She cannot safeguard the children against abuse perpetrated by others within her wider family. 32. It is apparent that at various times the Mother’s voice has been silenced or is of little influence. Her absence from A’s life is a stark example of this and it is apparent that at times the Mother has kept quiet and conformed to maintain the peace with her husband and wider family. Another example of this is within the previous proceedings B disclosed how her mother would “snitch” on them to their father to safeguard her own position. There are concerns that the Mother has sought to protect herself and in doing so has neglected her child/ren. The situation is complicated because the Mother is so vulnerable herself but her ability to protect is grossly compromised. Additionally, there are concerns that the Mother would resort to controlling and abusive parenting practices if faced with stress which would be likely if any of the children challenged the boundaries or deviated from what was expected of them. Recommendations 33. I am unable to recommend the rehabilitation of any of the children to their mother.”
“Discussions with G and his observations with the children evidenced that he did love and care for the children and they in turn reciprocated the love and attention he had shown them. 197. However, sad as it is, this assessment showed that G will not be able to offer the care the children need, and deserve, taking into consideration the trauma and turmoil they have experienced and are still experiencing. In certain circumstances, children can be placed where some risks can be managed and the care is ‘good enough’ but it is my belief that if the children are placed with G, some risks will not be manageable and the care will be less than ‘good enough’ … he lacked an in-depth knowledge of each child’s needs and how he would meet those needs, some of which, emotionally, are complex. He has not been able to address these needs previously for fear of ‘upsetting them’. The children are ‘stuck’ emotionally due to loss of each other, loss of their parents, the previous life they had (good or bad), death of their sister, loss of father and all else they knew in their ‘previous life’. They will require long term therapeutic work, bereavement support, reassurances that none of this was their fault, sadly I am not convinced G could provide this. G believes the children will be fine and he won’t need any support and the references he has provided have not all given a fair and balanced view of his abilities to offer the children the care they need. … 201. The theme of this assessment has been the inconsistent, limited and lack of details in information G provided, which often showed gaps or confusion. Examples can be the house moves, G’s living circumstances, his relationships with [other family members] particularly the Father and H, his views re forced marriages and his understanding of what was actually going on around him within the family particularly in relation to the treatment of the females within the household. 202. Unfortunately, I remain concerned in relation to G’s honesty. He did not inform me he had worked with H following the covid period, despite repeated requests to be open and honest. In his Position Statement he stated he wanted to remain separate from the children’s parents but in this assessment, he was clear he had a moral duty to look after the Mother and B. Concerns also remain in relation to the Father in the event he returns from Pakistan; will G be vigilant and ‘strong’ enough to keep children safe from him as he was unable to have any influence on family members previously, citing ‘no one ever listened to me’. … The additional concerns are that G does not accept the concerns of the Local Authority, the courts or Natasha Rattu’s Findings. The parents and the children also do not accept the concerns, how will G promote working with the officers of the department when they all have these views? Family relationships remain fractured, adults still appear ‘angry’ with one another, ill feelings and grudges are still being held – children placed with G will no doubt, even by default, become entrenched in this. This is likely to be harmful for the children as they are already in vulnerable circumstances; each child has a different view; D not really bothered if she returns home or not, E wants to remain in foster care and C wants to return home – how will these be managed by G? Since these and the previous proceedings started, there have been several assessments of the family including G being the subject of at least four (Honour Based/Forced, Viability and Stage Two) and the current assessment. As part of this assessment, the key professionals in the lives of the children, since they became Looked After i.e., the Social Worker and the Independent Reviewing Officer, were spoken with to obtain their views, sadly their comments did not offer confidence that G would be a suitable long-term carer; they have not been privy to this report but shared the same reasoning as highlighted in this assessment. … Sadly, taking into consideration the concerns in this assessment, I am unable to recommend that the children are placed in the full-time care of G.”
“C continues to do well in school and she is very focused on her revision and her upcoming exams. These are important to C and she has said she does not wish to attend family time whilst her exams are on-going so that she can concentrate fully. School report they have no concerns for C and she is meeting all her educational attainments as expected.”
“D is very settled in the foster placement and will talk positively about things she has done with her foster family. She is also being given measures of independence age-appropriate whilst in her foster placement and she is developing a strong personality, her own identity, and her own hobbies.”
“… clearly engages the article 8 rights of the parents and children. It follows that a care order can only be made, even if the statutory threshold criteria under section 31(2) are met, if such an order is necessary in a democratic society for the protection of the child(ren)’s right to grow up free from harm. That means that the order can be made only if it is proportionate to the needs of the situation. See especially Lord Wilson at paras 32-34, Lord Neuberger of Abbotsbury at paras 73-79 and Baroness Hale of Richmond at paras 194-198. And it follows also that, as Lord Wilson put it at para 45, a judge considering a care order has an obligation not to act incompatibly with the article 8 rights involved. In truth, the obligation underarticle 8 ECHR , so clearly recognised in In re B does no more than restate the longstanding proposition of English childcare law that the aim must be to make the least interventionist possible order, but the emphasis given to the issue in In re B was overdue.” The principles as to necessity and proportionality apply just as much to the present case as they would to a decision on placement for adoption. McFarlane LJ in In re G (A Child) (Care Proceedings: Welfare Evaluation)[2013] EWCA Civ 965 ; [2013] 3 FCR 293:2013 EWCA 965 encapsulated the task for the Judge in such a case: [50] … the judicial task is to undertake a global, holistic evaluation of each of the options available for the child's future upbringing before deciding which of those options best meets the duty to afford paramount consideration to the child's welfare. ... [54] What is required is a balancing exercise in which each option is evaluated to the degree of detail necessary to analyse and weigh its own internal positives and negatives and each option is then compared, side by side, against the competing option or options.” order: “[33] In care proceedings, the protection of the child is the decisive factor when the court is deciding whether to make a care order or a supervision order. The court should first make a careful assessment of the likelihood of future harm to the child, and must then weigh that harm against the harm that would follow from the child being removed from his parents under a care order. A care order rather than a supervision order should be made only if the stronger order is necessary for the protection of the child (Re D (Care or Supervision Order)[1993] 2 FLR 423 ; Re S (Care or Supervision Order)[1996] 1 FLR 753 ; and Re B (Care Order or Supervision Order)[1996] 2 FLR 693 ).”