“At present both parents share Parental Responsibility and this does provide a sense of identity for [J] and acknowledges [F]as his birth father. However, [M] states that J has never been known under the surname of [F] including his education provision ”
“I have discussed J being ‘gender variant’ with [F], and he states this will not be an issue for him. [F] has asked for proof that this is the case, and this could be provided by the support group… ”
“Protracted litigation has an adverse impact on children and adults for this reason I believe it is in the best interest of all involved for these proceedings to end as soon as possible”
“6.12…[M] was also asking about sending [J] to a gender re-assignment clinic. School explained that in class, [J] doesn't display any differences to the other boys.”
“6.14. Following this the Local Authority received a number of referrals between March 2014 and October 2014 which reported concerns in relation to [J]’s presentation; [J] being allowed to dress as a girl; [M] requesting that [J] is referred to the Tavistock Centre and refusing input from CAMHS; [M] informing Health that [J] had been diagnosed with a medical condition although there had been no professional diagnosis and [M]’s mental health. During August and October 2014 the Department also received information from the police in relation to incidents that had occurred in the community where [M] felt that [J] was a victim of hate crime. A referral was also received from the appointed guardian Claire Quinn in November 2014, who raised concerns around the number of professionals raising concerns in relation to [J]’s presentation and that there had been a multi agency meeting held where Claire was not represented and the guardian was not invited. Details of the referrals are as follows:”
“6.22. On 24/09/14 a referral was received from The Health Centre requesting agency checks. Health advised that [M] had informed professionals” that [J] had been diagnosed with a health condition, yet the referrer is aware that there has not yet been a professional diagnosis. The caller was advised that there is no current social work involvement with the family, and no further action taken. “6.23. On 27/09/14 a referral was received from the Police. Officers have attended the home address where [M] advised that [J] was born as a male but identifies as female and dresses as such. [M] advised that this has affected her relationship with [J]’s father and family and that this has resulted in them being served with a harassment order. [M] advised that a few days ago [J] was playing out in the garden when she has seen the other children pulling at [J]’s clothes to see if [J] had a penis. [M] intervened and took [J] inside informing the children they are no longer allowed to play with [J]. [M] did not report the incident to the police, there was another incident on the street which the police attended. [M] was concerned and reported the matter for fear of any escalation; this matter is recorded as a hate incident as there are no criminal offences. [M] is in contact with [a local charity] and a [Housing Association] whom are providing her with support, and no further action was taken.”
“6.25. On 22/10/14 a referral was received from [Learning Centre] enquiring as to whether [J] is subject to a Child Protection Plan. [J] moved to the setting from another setting, [J] has been finding it hard to settle in and [M] has now taken [J] out of school. [M] states she has taken [J] out of school due to [J] being bullied and the school have not resolved the issue. [J] has been attending 5 days a week and [M] is not reliable in the times that she drops [J] at school. Since summer [J] has been going into school upset which is out of character. Today [M] has become annoyed after waiting outside for 15 minutes, she then informed staff that she had no money and could not afford to send [J] anymore. Caller informed that they are concerned that [M] may not be coping. Child and Family assessment to be completed by the Department.”
“6.26. A Child and Family Assessment was completed in January 2015. The assessment concluded that there were no evident concerns suggesting that [J] was at immediate risk of harm. [M] is very clear that she is supporting [J] with whatever choices [J] makes and she presents with a good understanding of [J]'s needs. There were no concerns from the social worker regarding [M]’s approach to [J]’s gender presentation, and had appropriately taken on board support from the charity Mermaids. Upon completion of the assessment, no further action was taken by Children’s Services.” “6.27. It is the view of the Local Authority that despite there being a high number of referrals upon further assessment the concerns have not been substantiated and did not meet threshold for further intervention. It is also noted that despite several referrals from school and health informing of concerns they did not put any early intervention strategies in place such as a MCAF in order to further explore their concerns with [M] and to identify potential information/support services. On a number of occasions the professionals involved have not met [J] and/or [M] and were encouraged to discuss concerns with [M] directly and set up lower level meetings with her in attendance in the first instance. In the event, a meeting was arranged by services which [M] was not invited to. During the last assessment period the Local Authority were ordered by the court to file a Section 37 report in respect of [J].”
“23.5. The Local Authority have received a large number of referrals where concerns have been raised in relation to [J] presenting as a girl rather than concerns in relation [J]’s welfare and the care that is provided to [J]. It is evident that some agencies do not have a full understanding of gender non conforming children and have therefore contacted Children’s Service, sometimes when they have not met [J]. This clearly frustrates [M] and leaves her feeling that she is unsupported, and has caused her to feel stressed and anxious. Therefore [M] mistrusts professionals which is often interpreted as that she is unwilling to engage with services. ”
“I do have concerns that M has chosen not to engage with CAMHS. Whilst CAMHS may not have any specific experience of dealing with a child who may have gender dysphoria, they have considerable expertise in dealing with children who present with difficulties or present in a way is different. Importantly they can offer support locally to [J] and [M] and other professionals if resourced. They will always take advice from a more specialist clinic and I am concerned that [M] did not follow the advice of the Tavistock Centre in this respect and indeed disengaged from Health Visiting and that J does not currently have a GP. I am confused by her comment that she did not wish for [J] to be labelled (Sect 37 par 6.18) as [J] is very clearly labelled by her to those that she comes into contact with.”
“It is clear that [M] has strong opinions. Her response to Court intervention and requested assessments has been highly oppositional. This is not only in respect of any assessment of [J] but also of herself. She would appear to need to be in control and indeed choose those professional with whom she interacts.”
“unfortunately they are not uncommon responses from some members of the general public which is why [specialists] may advise ‘stealth’ as a way forward. ”
‘I am therefore confused as to why M feels that F would not be able to accept J’s presentation’
“b. The Court confirmed that there had been no indication from the mother as to the whereabouts of the child. The Court is not aware of the current schooling arrangements of the child or whether there has been any school registration.” d. Combined with the issues raised in Jean Sambrooks’ report, the lack of information about the whereabouts of the child, the schooling arrangement for the child and the Mother’s lack of engagement with the Guardian… the Court expressed its increasing concerns for the welfare of the child. e. The Court has provided within this Order direction for disclosure of the Mother’s address from the DWP and Inland Revenue. The /court permitted the solicitor for the child not to disclose this order to the Mother as it found that there is a significant risk of the Mother choosing to move again if her location is made known to those involved within these proceedings. f. The Mothers superficial engagement in the Court Process, the concerns for the welfare of the child… the lack of information as to the whereabouts of the child has lead the Court to consider that it may be appropriate for the Court to use its inherent jurisdiction to protect his welfare.”
“When [J] first arrived he was a bit subdued but settled down the next day. He has not been upset particularly about anything since he has arrived. He was upset initially when he first saw his mother [M]; I understand that she sent him home with female things, lots of sweets and chocolate and a box of vitamins.”… “Initially [J] simply wanted to go home but then he changed and did not want to go and see his mother because he did not like saying goodbye again. He was encouraged to go to contact and since then has not displayed any reluctance to go.”
“[J] came with or has gathered seven pairs of boots or shoes during the three months he has been at his father’s. They go with his feminine clothes. When they went shopping [F] took [J] to the girls section for underwear but he eventually chose boys shorts with a picture on them. [J] constantly rearranges his private parts and seems uncomfortable. He does not try to wear several pairs of knickers however as reported in the past. When he started wearing underpants [J] liked fancy underpants with Power Rangers or similar on them. Initially every two minutes he would say he did not like his floppy bits flopping around. He has also said ‘my mother does not like her floppy bits flopping around’ and that ‘she has got a big fat sandwich’. This somewhat took [F] and [P] aback. [J] will talk about his mother but does not get upset.”
“From day one [J] would put his hand up. He was mistaken for a girl once by a visiting teacher and asserted in front of everyone ‘no, I am a boy’. [J]’s teacher has said that [J] is very articulate. [F] expressed concern about his writing and his teacher said he did not push him too much initially. [J] initially sat at the teacher’s desk then at a table of his choosing and then has been move to a table that is more appropriate. He is beginning to conform to rules and his writing has shown a major change over two weeks. Initially his hand was shaking when he was writing as he did not seem used to writing. He has no phonics and very basic maths. However his reading is good. [P] is working on phonics with him, I saw evidence of this in the flat and they have now been asked to help with basic maths. There have been no reported references from school about any problems in the playground. There have been no gender issues reported and he has settled in quickly. He enjoys playing superheroes with the other children.”
“[J] also asked for football stickers recently but [F] is not ‘into’ football so had to locate these. [J] is enjoying sticking them in his book. [J] often goes to the park after school and in hot weather there are a couple of boys there with their tops off. [J] pulled a face at this, expressed displeasure at that and asked why they were doing it. At gymnastics there were similarly a lot of people with their tops off which may have been an issue but [J] did seem to adjust to this.”
“However I do feel that [J]’s inappropriate touching of others is of considerable concern. When considered alongside his comments and his behaviour towards his mother in contact (eg. April 22/4) then it would seem that [J] is very used to touching [M]’s breasts and that she has afforded him considerable knowledge or discussion of genital anatomy. Whilst this may reflect [M]’s view of [J]’s gender issues it is not in my view appropriate knowledge nor would a child of [J]’s age, transgendered or not, generally have such discussions. At most they are likely to have a rudimentary awareness of male/female differences especially if brought up with a different sex sibling.”
“I can not offer a view as to why [M] would encourage such behaviour except that potentially it may feed into her perception of [J] as a transgendered child in some way and the attributes he might hope to acquire.”
“[J] is doing really well in school and his maths and his handwriting have improved dramatically. He has asked to go into school early so he can run around the playground with his friends. When it is time to go into class he then runs up to [F] to give him a cuddle and goes off into class. He is delighted that he now has friends in school. I was told there had been a multi-agency meeting recently. [J] has not displayed any inappropriate touching in school. The Tavistock worker did come to the meeting and apparently indicated that [J] no longer came under their criterion.”
“[J] has been offered a choice since he has been with his father and would appear in the main to choose boyish things and very clearly identifies himself as a boy. He makes this clear whether or not his father is around and would not seem to be influenced by him. [J] chooses to present as a boy within school and in terms of his dress and would seem to be more comfortable with his male genitalia as time goes on. I remain of the view that it is very unusual for a parent to be able to influence a child to the extent [M] would appear to have been able to do but that would seem to be the case given [J]’s very rapid change of presentation once offered a choice. I cannot guess at [M]’s motivation or belief system in this respect but she is clearly a powerful figure. During the preparation of my report and the Court proceedings [M] clearly demonstrated her need to be in control and the extent to which she would thwart or misinterpret directions to serve her own ends. She also successfully manipulated people and systems and would therefore be a powerful influence on a child who is attached to her. Whatever her reasons then the conclusion that [M] manipulated or influenced [J]’s gender orientation, for whatever reason, seems inescapable.”
“[M] finds herself in a dilemma. She accepts the wisdom of the court in reintroducing [J] to his father and the paternal family. She accepts and understands why the Judge has formed a negative view of her refusal to allow contact firstly and secondly her dogmatic stance in respect of gender identity. Her dilemma is that whilst she hopes she has been doing the right thing she accepts that her approach may have been wrong.”
“Her wish for emotional exclusivity means that [M] has removed [J] from a range of ordinary socialising experiences though she refutes this and believes that she has acted to protect [J] from bullying.”
“When stressed and distressed, [M] becomes controlling, forceful and antagonistic. This reflects her underlying anxiety. She is actually very frightened and upset. She tries to sooth herself by taking control of situations but her interpersonal style is counter-productive. She does not negotiate well. She finds it difficult to compromise and situations become inflamed rather than de-escalated. In situations of interpersonal conflict, she protects herself from loss of confidence or face by unambiguously perceiving herself as correct which means that from her perspective, the other party is wrong. To acknowledge her flaws, even to herself, feels crushing and devastates her self-esteem so she avoids this possibility by locating responsibility and blame elsewhere. When she is unable to achieve the outcome that she wants, she resorts to formal processes and/or higher authorities: complaint procedures, The Protection of Human Rights in Public Law, the European Court of Human Rights, Stonewall and so on.”
“[F] has a less strong investment in [J]'s gender identity. [M] believes that he is uncomfortable with [J] as a girl but this was not the impression that he gave me. He did seem a bit puzzled by it and it had been surprising to see [J] after three years with such a strong female gender identity. However, he had looked into it and found ways to understand it. He is a more reticent, moderate person than [M] and can countenance much more uncertainty. If [J] is, as [M] suggests, assuming a male gender identity with [F] because she believes that this is what he wants, I think [J]'s belief about this is more likely to come from [M] then from [F].”
“The key elements of threshold are: the Mother’s rigid approach to gender identity; the Mother’s resistance to engagement with professional advice and the Mother’s failure to acknowledge [J]’s right and need to have a relationship with his Father; and the significant harm that has flown and was at risk of flowing from those deficiencies.”
“Is it difficult not being home?”
“For [J] to be secured in his father’s care, there are a variety of orders which could be considered realistic. A Full Care Order could be requested. This would enable the Local Authority to continue to share Parental Responsibility for [J] and thus to stipulate where [J] would live. This would allow the Local Authority to remain significantly involved in the care that [J] receives and take any necessary steps to ensure [J]’s needs were met. For a Care Order to be proportionate, it would need to be demonstrated that it was necessary for the Local Authority to share Parental Responsibility to safeguard [J] from significant harm. In these circumstances the social work assessment has not demonstrated any areas where [F] cannot make decisions in [J]’s best interests; he is insightful of [J]’s needs and is willing to take the advice of specialist services and the Local Authority in doing so. A Care Order would therefore not provide [J] with any additional safeguard. The ‘No Order’ principle has been considered through the formulation of this care plan and it appears that a Care Order would provide unnecessary intervention into [J]’s life.”