"… in cases where repeated accounts are given of events surrounding injury and death, the court must think carefully about the significance or otherwise of any reported discrepancies. They may arise for a number of reasons. One possibility is of course that they are lies designed to hide culpability. Another is that they are lies told for other reasons. Further possibilities include faulty recollection or confusion at times of stress or when the importance of accuracy is not fully appreciated, or there may be inaccuracy or mistake in the record keeping or recollection of the person hearing or relaying the account. The possible effects of delay and repeated questioning upon memory should also be considered, as should the effect on one person of hearing accounts given by others. As memory fades, a desire to iron out wrinkles may not be unnatural - a process that might inelegantly be described as "story-creep" may occur without any necessary inference of bad faith." (xii) Witnesses at this hearing gave evidence in a large courtroom filled with Counsel, solicitors and others. Tailored warnings unders98 of the Children Act 1989 were given to the parents. Those warnings add to the pressure on the parents, Macur LJ in Re M (Children)[2013] EWCA Civ 1147 at [11] and [12], cautioned that: "
“when you have eliminated the impossible, whatever remains, however improbable, must be the truth.”
“i) Children, and especially young children, are suggestible. ii) Memory is prone to error and easily influenced by the environment in which recall is invited. iii) Memories can be confabulated from imagined experiences, it is possible to induce false memories and children can speak sincerely and emotionally about events that did not in fact occur. iv) Allegations made by children may emerge in a piecemeal fashion, with children often not reporting events in a linear history, reporting them in a partial way and revisiting topics. v) The wider circumstances of the child’s life may influence, explain or colour what the child is saying. vi) Factors affecting when a child says something will include their capacity to understand their world and their role within it, requiring caution when interpreting children’s references to behaviour or parts of the body through the prism of adult learning or reading. vii) Accounts given by children are susceptible to influence by leading or otherwise suggestive questions, repetition, pressure, threats, negative stereotyping and encouragement, reward or praise. viii) Accounts given by children are susceptible to influence as the result of bias or preconceived ideas on the part of the interlocutor. ix) Accounts given by children are susceptible to contamination by the statements of others, which contamination may influence a child’s responses. x) Children may embellish or overlay a general theme with apparently convincing detail which can appear highly credible and be very difficult to detect, even for those who are experienced in dealing with children. xi) Delay between an event recounted and the allegation made with respect to that event may influence the accuracy of the account given. xii) Within this context, the way, and the stage at which a child is asked questions / interviewed will have a profound effect on the accuracy of the child’s testimony.”
“[856] The ABE Guidance is advisory rather than a legally enforceable code. However, significant departures from the good practice advocated in it will likely result in reduced (or in extreme cases no) weight being attached to the interview by the courts. Within this context guidance from the Children Act Advisory Committee concerning the Memorandum of Good Practice, which preceded the ABE Guidelines, made clear that: “Any joint child abuse interview conducted by police and social services must follow the memorandum of good practice. Otherwise, not only is the resulting interview of no forensic value, but it may impede or contaminate any further assessment of the child ordered by the court.”
“…we are left with the clear impression from the interview that the officer was using it purely for what she perceived to be an evidence gathering exercise and in particular to make MR repeat on camera what she had said to her mother. That is emphatically not what an ABE interview is about and we have come to the view that we can place no evidential weight on it.”
“What is uncle called [MM] What’s happened with [MM] Told me to lie on bed, take off clothes and stay there. I asked him what is happening. He said you wont get pregnant or lose your virginity Has he touched you All over my body Describe Touch boobs and rest of my body, everywhere In other sexual area (Nods head)”
“It happens when she goes out.”
“[LL]confirmed that she lived at the address with her husband [MM], their son [QQ] and their daughter [PP]. I explained that [PP] had disclosed to teachers that she had been sexually assaulted by [MM] and she was scared it would happen again. Initially [LL] said this was impossible as [LL] never leaves the house and they are always together, she subsequently changed this to say she does go grocery shopping at Asda every week and takes the bus back and forth to [local town], she shops alone whilst leaving [QQ] with [PP and [MM] and she is out for about an hour at least. I asked about what relation she was to [PP] and again she initially told me that she was her mother, she had given birth to her in Nigeria and [MM] was her father and along with [QQ] they all arrived in the UK in December 2023. When challenged a little around being [PP]’s mother [LL] became upset and then informed me that [PP] is indeed the daughter of her younger sister called [KK] … she … raised [PP] as her own child with the permission of [KK] and they were in agreement to bring her to the UK for her potentially to have a better life.”
“So, tell me about the worst thing he’s done. Erm, putting his private parts in my vagina…. So when my aunt goes shopping, erm, my uncle always tells me to come to his room, take off my clothes and just lie on the bed and don’t look back and keeps telling me I won’t get pregnant and I won’t lose my baby and things … then he takes off his clothes and puts his private parts in my vagina. Then a few minutes later he tells me to go wash myself and put on my clothes and act like nothing happened.”
“HOSPITAL New Destiny Clinic Maternity, Laboratory & SURGERY 1 Nwogu Estate, opp the Promise Fast Food”
“That you, RUEBEN MOSES, sometime in the month of June, [precise date redacted] 2022 at Ughelli, in the Ughelli Judicial Division did traffic and gave a child to one [MM] and [LL] and thereby committed an offence punishable under section 21 of the trafficking in persons (prohibition enforcement and Administration Act) laws of the federation of Nigeria, 2015.”
“and as u know if I deliver days later than this this baby go mature pass the girl and pple go raise eyebrows”
“I remember how often we kept calling my husband and sisters for updates, anxiously waiting to hear how the baby was doing. Sadly, we eventually received the heartbreaking news that she had passed away and it was a devastating experience for everyone.”
“… the amount looks suspicious. People will ask what sort of treatment hospital collect such amount for. We know that the treatment is illegal.”
“With respect to Nigeria, it is to be noted that the UK has imposed special restrictions on adoptions from that country (Special Restrictions on Adoptions fromAbroad (Nigeria) Order 2021 ). Guidance issued by the Department for Education lists the specific areas of concern relating to adoption from Nigeria as including: • difficulties confirming the background and adoptability of children; • unreliable documentation; • concerns about corruption in the Nigerian adoption system; • evidence of organised child trafficking within Nigeria; and • concerns about weaknesses in checks completed by Nigerian authorities in relation to adoption applications from prospective adopters who are habitually resident in the United Kingdom and therefore are likely to in fact be intended to be intercountry adoptions. This includes weaknesses in pre and post adoption monitoring procedures. There is an absence of checks as to whether the adoption is intended to be an intercountry adoption in light of the habitual residence of applicants and accordingly whether prospective adopters have been assessed and approved by a UK adoption agency and issued with relevant UK authority documentation (e.g. certificate of eligibility to adopt) to proceed with an intercountry adoption from Nigeria. Whilst there is no comparable statutory restriction on surrogacy cases originating from Nigeria, the need for care as to the reliability of documentation and the potential for the involvement of organised child traffickers underscores the need for caution in parental order applications involving a Nigerian surrogacy.”
“… research indicates that witnesses’ responses to leading questions tend to be determined more by the manner of questioning than by valid remembering. Leading questions can serve not merely to influence the answer given but may also significantly distort the witness’s memory in the direction implied by the leading question. For these reasons, leading questions should only be used as a last resort, where all other questioning strategies have failed to elicit any kind of response.”
“When examining children, doctors should take care to avoid asking leading questions or anticipating the investigative interview. They should, however, make contemporaneous notes of any spontaneous comments by the child concerning the origins or circumstances giving rise to the evaluation or examination. On other occasions, the medical examination will be after the interview; in such cases where a medical examination is a possibility, a discussion should take place with the paediatrician or the police Forensic Medical Examiner who will undertake this to ensure that expectations of possible outcomes of the examination are realistic and appropriate.”