“I do not accept that it is thought within the family that the paternal grandfather has sexually abused children. I do not know where this has come from. I can only think that maybe it is about what Y said about him in the past. She was roughly around X’s age at the time. There was an occasion when Y told us that he was not a good person. This is all that she said despite us repeatedly pushing her to tell us why. It was a long time ago now and there has not been anything else said by her or any other children or family members about the paternal grandfather.”
“X’s parents and sister Z have stated that X suffers from mental health issues, and have often given this response when asking whether they believe the disclosures that X has made. X has also stated that she has not disclosed the sexual abuse she has suffered to her family, as she is worried about how they will react and fears a negative response from them. It appears X is viewed as a child who is rebellious, has bad behaviour and habits, and whose statements should be doubted as they believe it is likely to be as a result of her mental health needs.”
“20. The Local Authority holds the view that [the mother] and [the father] do not have the awareness and ability to protect X from sexual abuse, and the other potential of forms of harm. It appears the family have prioritised maintaining a positive reputation in their family, and wider community, by avoiding the "shame" they fear will come with disclosing sexual abuse within the family. It appears that parents and family members have placed their reputation and cultural family dynamics over children's safety, and this has enabled sexual abuse to happen in the family over many years. This attitude and perspective from X’s parents seems to have influenced X’s siblings too, as Y stated that she is embarrassed and feels bad that she did not speak out about the sexual abuse from paternal grandfather sooner, and felt that the implication of shame on the family over the subject stopped her from doing so. 21. Furthermore, X’s parents and sister Z, have stated that X suffers from mental health issues, and have often given this as a context when I have asked whether they believe the disclosures that X has made. It appears X is viewed by her parents and sister Z, as a child who is rebellious, has bad behaviour and habits, and whose statements should be doubted as they believe it is likely as a result of her mental health needs. Y has also suggested that X’s disclosure of being raped by [her brother] is doubtful, as she stated to me, “I know my brother and he would never do something like that”. 22. Parents and Z have communicated this position despite recognising that mental health issues feature in the family and paternal relatives. The family are aware of sexual abuse allegations against paternal grandfather, and have not considered the connection this may have with those who are suffering with poor mental health in the family.”
“It is very worrying that [the father] considered [the brother-in-law]’s oath on the Quran to be an important factor in determining his innocence. It is completely possible, and would argue that it is the case, that [the father] and potentially other family members would be satisfied if a perpetrator of sexual abuse made an oath on the Quran, and this would leave X to be viewed as being dishonest, not believable and confused over her statements.”
“[9] I asked [the father] about the allegations made against his son-in-law, to which he replied that his son in law “touched the Quran and said he looks at her as a sister he just goes to work and sits down, and we are always with X.”
“[11] I then addressed some of the concerns with the mother, who was very keen to explain how everyone on her husband’s side of the family suffer with anxieties and depression. Adding “it is in my husband’s family problem, husband’s sisters also have anxieties, husband initially when he became ill, he tried to commit suicide by strangling himself. Like X is doing like running away from school, husband did the same. Look at X’s mental health and give her help. The paternal aunt also made allegations too and was admitted into mental health hospital. Like X. Look at my daughter’s mental health, paternal family history and why she is making these allegations. X needs to stay where she is and receive treatment and then be returned into my care.” [12] I wanted to understand from the mother how she can believe her son in law over her own daughter. She stated “he recites Naaths (Islamic poetry in praise of the Prophet Muhammed PBUH), and he is not like that, and I treat him like my son. My daughter and son in law moved to another town in December 2023. If X stayed with us, she would make more allegations against more people, look she has made allegations against her own brother. When X calls, I tell her to stay where she is and get help first.”
“I support the need for X to remain in care, as it appears that none of the adults in her family can protect her at this time. It remains to be assessed as to whether her sisters may be in a position to care for her longer term, but I note that at least in the case of Y, she appears to have known about some of the risks but has not previously sought to make any referrals or to step in to safeguard her sister.”
“[4] X is a vulnerable young person who I agree needs therapeutic care now. Regardless of whether X’s allegations are true or not, she is our child who I know has serious mental health difficulties. She needs help. I have known about her mental health difficulties for most of her life the way she has presented but also because of her paternal family history and particularly [the father]’s mental health.”
“[8] I will support the investigations into X’s allegations through the police and professionals. They are very serious, and we need to know the truth. Despite my concerns about X’s mental health, I believe these allegations should be taken seriously and investigated properly. I know I need to keep an open mind and it is only right that this is properly assessed.”
“[46] I am worried about the suggestion in the papers about us not believing X. This is not true, and it is unfair to assume that I do not believe these very serious allegations made by my own vulnerable and unwell daughter. At the same time, we have lived with X and we have experienced her difficulties first hand. We know how troubled and difficult she is. I need to keep an open mind as to the possibility that these things have happened, but at the same time I am also worried about her reasons behind making these allegations. [47] I note that X has since been trying to take back the allegations she has made. I believe that it is because she has experienced foster care now. She has seen that boundaries and rules also exist there. I also think that X did not appreciate how these allegations are regarded in society and due to her mental health, I am not sure that she would have understood the seriousness of them. While I cannot discount these allegations as untrue, I am aware of how bad her mental health is and its potential contribution to her making such allegations. [48] There must be full and thorough investigations into X’s allegations. I will help support the process as will my family. I cannot say whether the allegations are true or not because I have never witnessed or been aware of them happening. However, I can express my view on them when considering the context of our lived experience with X, her presentation, and her significant underlying mental health difficulties. I want the police and professionals to do their job to find out the truth but her mental health as a contributing factor must be considered at the same time.”
“It is true that [the brother-in-law] made an oath on a book which contains certain chapters of the Quran. The oath was that he has not touched X inappropriately. This is a serious action to take in our religion and one that is not done lightly at all. I know that this does not necessarily mean that [the brother-in-law] has not done anything but I know that he takes his religion seriously. I would like to think that he is being truthful given the action he made. He is also married to X’s sister. Regardless of all of this, I am still alive to the possibility that X’s allegations could be true and I keep an open mind.”
“Parents and any family member who wish to care for X would have to demonstrate that they have gained the insight, awareness and motivation to ensure X is protected from harm, with a focus on protection from sexual abuse.”
“AND UPON the Court expressing its significant concern as to the current accommodation and care provision for X as not being suitable and being an unregulated placement in light of the mother’s accepted position in respect of threshold amounting to a wholesale failure to protect, the risk to X and urging the Local Authority to resolve this issue as a matter of urgency. In the interim the Local Authority is requested to (i) provide 24-7 family support workers and (ii) make enquiries of all extended family members known /made known to them who could step in on a short term basis to care for X in the Air BnB accommodation provided.”
“Although mother is able to care for X and meet her needs, and is able to keep her safe. The likelihood of X running away, not listening or following instruction, or making other allegations against her mother may be high if X does not get her own way.”
“38 Interim orders. (1) Where— (a) in any proceedings on an application for a care order or supervision order, the proceedings are adjourned; or (b) the court gives a direction under section 37(1),the court may make an interim care order or an interim supervision order with respect to the child concerned. (2) A court shall not make an interim care order or interim supervision order under this section unless it is satisfied that there are reasonable grounds for believing that the circumstances with respect to the child are as mentioned in section 31(2). (3) Where, in any proceedings on an application for a care order or supervision order, a court makes a child arrangements order with respect to the living arrangements of the child concerned, it shall also make an interim supervision order with respect to him unless satisfied that his welfare will be satisfactorily safeguarded without an interim order being made. (3A) For the purposes of subsection (3), a child arrangements order is one made with respect to the living arrangements of the child concerned if the arrangements regulated by the order consist of, or include, arrangements which relate to either or both of the following— (a) with whom the child is to live, and (b) when the child is to live with any person. (4) An interim order made under or by virtue of this section shall have effect for such period as may be specified in the order, but shall in any event cease to have effect on whichever of the following events first occurs— (c). in a case which falls within subsection (1)(a), the disposal of the application; (d). in a case which falls within subsection (1)(b), the disposal of an application for a care order or supervision order made by the authority with respect to the child; 41. (da) in a case which falls within subsection (1)(b) and in which— (i) no direction has been given under section 37(4), and (ii) no application for a care order or supervision order has been made with respect to the child, the expiry of the period of eight weeks beginning with the date on which the order is made; (e). in a case which falls within subsection (1)(b) and in which— (i) the court has given a direction under section 37(4), but (ii) no application for a care order or supervision order has been made with respect to the child, the expiry of the period fixed by that direction. (5). …/ (6). Where the court makes an interim care order, or interim supervision order, it may give such directions (if any) as it considers appropriate with regard to the medical or psychiatric examination or other assessment of the child; but if the child is of sufficient understanding to make an informed decision he may refuse to submit to the examination or other assessment. (7). A direction under subsection (6) may be to the effect that there is to be— (a). no such examination or assessment; or (b). no such examination or assessment unless the court directs otherwise. 48. (7A) A direction under subsection (6) to the effect that there is to be a medical or psychiatric examination or other assessment of the child may be given only if the court is of the opinion that the examination or other assessment is necessary to assist the court to resolve the proceedings justly. 49. (7B) When deciding whether to give a direction under subsection (6) to that effect the court is to have regard in particular to— (a). any impact which any examination or other assessment would be likely to have on the welfare of the child, and any other impact which giving the direction would be likely to have on the welfare of the child, (b). the issues with which the examination or other assessment would assist the court, (c). the questions which the examination or other assessment would enable the court to answer, (d). the evidence otherwise available, (e). the impact which the direction would be likely to have on the timetable, duration and conduct of the proceedings, (f). the cost of the examination or other assessment, and (g). any matters prescribed by Family Procedure Rules.] (8). A direction under subsection (6) may be— (a). given when the interim order is made or at any time while it is in force; and (b). varied at any time on the application of any person falling within any class of person prescribed by rules of court for the purposes of this subsection. (9). Paragraphs 4 and 5 of Schedule 3 shall not apply in relation to an interim supervision order. (10). Where a court makes an order under or by virtue of this section it shall, in determining the period for which the order is to be in force, consider whether any party who was, or might have been, opposed to the making of the order was in a position to argue his case against the order in full.”
“[42] Although they touch upon the same subject, the decision of the Court of Appeal in Re CH (above) does not appear to have been cited in Re W . For my part, I would view the two decisions as seeking to make essentially the same point, though the tone in Re W is markedly more imperative. I particularly refer to the observations that it is not open to a local authority within proceedings to decline to accept the court's evaluation of risk [81] and that a local authority cannot refuse to provide lawful and reasonable services that would be necessary to support the court's decision [83]. I would agree with these propositions to the extent that the court's assessment of risk is sovereign within proceedings and that a local authority cannot refuse to provide a service if by doing so it would unlawfully breach the rights of the family concerned or if its decision-making process is unlawful on public law grounds. However, the family court cannot dictate to the local authority what its care plan is to be, any more than it can dictate to any other party what their case should be. What the court can, however, expect from a local authority is a high level of respect for its assessments of risk and welfare, leading in almost every case to those assessments being put into effect. For, as has been said before, any local authority that refused to act upon the court's assessments would face an obvious risk of its underlying decisions being declared to be unlawful through judicial review. That must particularly be so where decisions fail to take account of the court's assessments. Or where, as in this case, there is an impasse, there may have to be an appeal. But in the end, experience shows that the process of mutual respect spoken of by Thorpe LJ will almost inevitably lead to an acceptable outcome. [43] It is clear from these decisions that the court has both a power and a duty to assert its view of risk and welfare by whatever is the most effective means. I cannot agree with the submission made on the behalf of the guardian – "some judges might have pursued the matter further with the agency decision maker, but this judge cannot be said to have been wrong not to do so." As Lord Justice McFarlane remarked during argument, that amounts to a lottery, depending upon the inclinations of one judge as against another. The obligation upon the court is not merely to make its assessment, but to see it through. That is a matter of principle, and not one of individual judicial inclination.”