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England and Wales Family Court Decisions (other Judges) |
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You are here: BAILII >> Databases >> England and Wales Family Court Decisions (other Judges) >> A Council v Mother of CA & Ors [2023] EWFC 274 (B) (21 December 2023) URL: http://www.bailii.org/ew/cases/EWFC/OJ/2023/274.html Cite as: [2023] EWFC 274, [2023] EWFC 274 (B) |
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Neutral Citation Number: [2023] EWFC 274 (B)
Case Number: RG23C50032
IN THE FAMILY COURT SITTING AT SLOUGH
The Law Courts
Windsor Road
Slough
SL1 2HE
Heard on 9, 13, 20-21, 23-24 November, 18-19, 21 December 2023
Judgment given on 21 December 2023
Before
HIS HONOUR JUDGE RICHARD CASE
Between
A COUNCIL
Applicant
and
MOTHER OF CA (1)
FATHER (2)
MOTHER OF CB (3)
THE CHILDREN (4-5)
Respondents
Representation
For the Applicant: Edward Kirkwood counsel instructed by the Applicant Council
For the Respondents: Leonora Smith counsel instructed by the First Respondent Mother
Alex Forbes counsel instructed by the Second Respondent Father
Paul Murray counsel instructed by the Third Respondent Mother
Andrew Leong counsel instructed by the Fourth to Fifth Respondent children by their Children's Guardian, Samantha Clark
This judgment was delivered in private. The judge has given permission for this version of the judgment (excluding the Schedule) to be published on condition that (irrespective of what is contained in the judgment) in any published version of the judgment the anonymity of the children and members of their family must be strictly preserved. All persons, including representatives of the media, must ensure that this condition is strictly complied with. Failure to do so will be a contempt of court.
JUDGMENT
This judgment is deemed handed down electronically by email on 21 December 2023 at 9am
Contents
1: In October 2021 F assaulted MB by standing on her foot
2: In October 2021 F assaulted MB by grabbing her round the throat
3: In October 2021 F assaulted MB by threatening to hit her on the head with a bowl
4: In October 2021 F pulled MB into the family home when she tried to leave
5: On or about 5 January 2020 MB physically assaulted CA causing a bruise to her hand
6: On or about January 2023 F slapped CA around the face with an open hand
7: On or about 23 February 2023 F slapped CA around the face with an open hand
Allegations
1: In October 2021 F assaulted MB by standing on her foot
2: In October 2021 F assaulted MB by grabbing her round the throat
3: In October 2021 F assaulted MB by threatening to hit her on the head with a bowl
4: In October 2021 F pulled MB into the family home when she tried to leave
Finding
On 24 October 2021 F assaulted MB by pushing her across a room and at some point in doing so placed a hand on MB's neck and raised an ornament as if to strike MB. The incident occurred in the presence of CA and CB.
Allegation
5: On or about 5 January 2020 MB physically assaulted CA causing a bruise to her hand
Finding
Prior to 5 January 2020 MB physically assaulted CA causing a mark to her hand.
Allegation
7: On or about 23 February 2023 F slapped CA around the face with an open hand
Finding
On 26 February 2023 F slapped CA to the face with an open hand.
Allegation
8: CA was regularly physically assaulted by beating, slapping, pushing and hitting during her time living with F and MB, perpetrated by F and MB
Finding
Not proved.
Allegation
9: CA was regularly physically assaulted by having her hair grabbed during her time living with F and MB, perpetrated by F and MB
Finding
Not proved.
Allegation
10: CA was regularly verbally abused by being called "a disgrace", "a liar", "manipulative" and "a psycho" during her time living with F and MB, perpetrated by F and MB
Finding
Not proved.
Allegation
11: CA was regularly subjected to abusive and demeaning behaviour during her time living with F and MB, perpetrated by F and MB
Finding
Not proved.
Allegation
12: MB threatened CA on more than one occasion that she would make false allegations about CA to F to get her into trouble
Finding
Not proved.
Allegation
13: In early February 2023 MB physically assaulted CA by grabbing her by her pony tail and causing her to hit her head causing a laceration injury
Finding
In mid-January 2023 MB physically assaulted CA by grabbing her by her ponytail and causing her to hit her head causing a laceration injury.
Allegation
14: On one occasion MB sexually abused CA by asking and/or making CA (a) massage MB's upper legs near the groin, (b) digitally penetrate MB and (c) perform oral intercourse on MB
Finding
In the spring of 2019 MB sexually abused CA by encouraging her to massage her legs and coercing her to digitally penetrate her and perform oral sex on her.
2. The relationship between F and MA came to an end in around 2011. CA initially resided with her mother and had contact with F. In 2012 MA took CA to Pakistan; this led to court proceedings and CA was returned to the UK in around June 2012. There was a brief reconciliation until October 2012 when CA's parents separated and subsequently divorced. MA returned to Pakistan in 2015 and CA remained living with F.
3. F remarried in April 2014. B Council then had involvement with the family from 2015 as a result of an allegation of domestic abuse between the father and his then wife [X] whereby the police exercised their protective powers to remove CA.
4. The relationship between the father and [X] ended in around July 2015. The family travelled with CA to a family funeral in Pakistan. CA remained in Pakistan living with her paternal grandparents where she remained until October 2017 when she returned to live in the UK with F.
5. F married MB in Pakistan in October 2018. MB subsequently arrived in the UK in April 2019.
6. On 5 January 2020 CA attended a Walk-in medical centre with MB, CA having been suffering from stomach pains for two weeks. During the visit, it was reported to staff that MB had been overheard threatening CA in the waiting area, saying that she would beat up CA back at home. CA was seen alone by Dr Cheng...[and made allegations against MB].
7. In October 2021 the family again came to the attention of B Council. On 24 October 2021 the police were called by a neighbour to the family home following an incident between F and MB; she alleged that F had stood on her foot, grabbed her by the throat and threatened to hit her with an ornamental bowl [L32]. She also made allegations as to the father's controlling behaviour. MB subsequently provided a withdrawal statement on 3 November 2021 [L37].
8. As a result of this incident, B Council convened an initial Child Protection Conference in November 2021 which resulted in the Children being made subjects to a CIN Plan...
9. The family moved to A Council in or around August 2022, which brought B Council's CIN plan to an end.
10. On 28 February 2023, CA alleged to a school teacher, [the DSL], that she had been slapped by her father across the face and that MB had dragged her by the hair on an occasion 2 weeks prior to this, which had caused her to hit her head against a wall causing a gash under her hair line. CA further alleged frequent physical and emotional abuse and an incident of sexual abuse by MB when she was 9 years old.
11. The Police exercised their powers of protection on 28 February 2023, with CA staying with a school friend under those arrangements.
12. CA underwent a CP Medical Examination on 1 March 2023 [F234-F237]. The opinion of Dr Andrew Lomp was that the injuries seen on CA's scalp [photos I32, I33] were consistent with the account given by CA.
13. F and MB were interviewed by the Police on 1 March 2023 [L0a-k, L0l-L0af] wherein they denied the allegations made by CA.
14. The Local Authority commenced these proceedings on 3 March 2023 [B1-B7]. CA was made the subject of an ICO and no order was made in respect of CB.
a) Composite Schedule of Findings [A138];
b) Police disclosure section L particularly [L31-L37];
c) Clinic note prepared by Dr Cheng 5 January 2020 [P1];
d) Safeguarding Referral Record form arising from 5 January 2020 [F33];
e) Letter from Dr Cheng [C117] and a witness statement [Z34];
f) Letter from Mr Cullivan, former police constable, [C115] and a witness statement [Z23];
g) Body worn video (BWV) of Mr Cullivan's attendance at the family home on 24 October 2021 [Z13] and agreed transcript [unpaginated];
h) Undated photos of head injury [I32-33];
i) Dated photo of head injury [L104] and blood stained shirt [L105];
j) School disclosure section K and Multi-Agency Referral Form (MARF) [Z1];
k) Pre-interview assessment (PIA) of CA on 28 February 2023 [L17];
l) Child protection (CP) medical report of Dr Lomp 1 March 2023 [F234] and witness statement dated 23 November 2023 [unpaginated];
m) Sexual Assault Referral Centre (SARC) medical report 30 March 2023 [H1];
n) Letter from Designated Safeguarding Lead (DSL) at CA's school [C116] and a witness statement [Z24];
o) Video Recorded (Achieving Best Evidence) Interview (VRI) of CA on 21 July 2023 [L80] and transcript [L79a];
p) Social worker's initial statement in the Interim Care/Care Order proceedings [C1];
q) Schedule to Emergency Protection Order (EPO) setting out F's evidence on that occasion [I57];
r) Medical report of Dr Rahman, paediatrician 21 September 2023 [E213] and addendum 2 November 2023 [E263];
s) Plan of the family home [C110];
t) CA's passports in section M and N;
u) MB's passports in section M and N;
v) Local Authority Chronology [N1];
w) Phone material [O1];
x) Witness statement of MB [C62] and a transcript of her VRI on 1 March 2023 [L0l]; and
y) Witness statements of F [C33], [C111] and a transcript of his VRI on 1 March 2023 [L0a].
20. ...The principles are conveniently set out in the judgment of Baker J in Re L and M (Children) [2013] EWHC 1569 (Fam), to which I was taken. So far as material for present purposes what Baker J said (and I respectfully agree) was this:
"First, the burden of proof lies at all times with the local authority.
Secondly, the standard of proof is the balance of probabilities.
Third, findings of fact in these cases must be based on evidence, including inferences that can properly be drawn from the evidence and not on suspicion or speculation ...
Fourthly, when considering cases of suspected child abuse the court must take into account all the evidence and furthermore consider each piece of evidence in the context of all the other evidence. The court invariably surveys a wide canvas. A judge in these difficult cases must have regard to the relevance of each piece of evidence to other evidence and to exercise an overview of the totality of the evidence in order to come to the conclusion whether the case put forward by the local authority has been made out to the appropriate standard of proof.
Fifthly, ... Whilst appropriate attention must be paid to the opinion of ... experts, those opinions need to be considered in the context of all the other evidence. It is important to remember that the roles of the court and the expert are distinct and it is the court that is in the position to weigh up the expert evidence against its findings on the other evidence. It is the judge who makes the final decision.
Sixth, ... The court must be careful to ensure that each expert keeps within the bounds of their own expertise and defers, where appropriate, to the expertise of others.
Seventh, the evidence of the parents and any other carers is of the utmost importance. It is essential that the court forms a clear assessment of their credibility and reliability.
Eighth, it is common for witnesses in these cases to tell lies in the course of the investigation and the hearing. The court must be careful to bear in mind that a witness may lie for many reasons, such as shame, misplaced loyalty, panic, fear and distress, and the fact that a witness has lied about some matters does not mean that he or she has lied about everything (see R v Lucas [1981] QB 720 )." [I address this further below]
21. To this admirable summary I add three further points.
22. First, that the legal concept of proof on a balance of probabilities "must be applied with common sense", as Lord Brandon of Oakbrook said in The Popi M, Rhesa Shipping Co SA v Edmunds , Rhesa Shipping Co SA v Fenton Insurance Co Ltd [1985] 1 WLR 948, 956.
23. Secondly, that the court can have regard to the inherent probabilities: see Lady Hale in In re B (Children) (Care Proceedings: Standard of Proof) (CAFCASS intervening) [2008] UKHL 35, [2009] 1 AC 11, para 31. But this does not affect the legal standard of proof, as Lord Hoffmann emphasised in the same case (para 15):
"There is only one rule of law, namely that the occurrence of the fact in issue must be proved to have been more probable than not. Common sense, not law, requires that in deciding this question, regard should be had, to whatever extent appropriate, to inherent probabilities. If a child alleges sexual abuse by a parent, it is common sense to start with the assumption that most parents do not abuse their children. But this assumption may be swiftly dispelled by other compelling evidence of the relationship between parent and child or parent and other children. It would be absurd to suggest that the tribunal must in all cases assume that serious conduct is unlikely to have occurred. In many cases, the other evidence will show that it was all too likely."
24. Thirdly, that the fact, if fact it be, that the respondent ... fails to prove on a balance of probabilities an affirmative case that she has chosen to set up by way of defence, does not of itself establish the local authority's case. As His Honour Judge Clifford Bellamy recently said in Re FM (A Child: fractures: bone density) [2015] EWFC B26, para 122, and I respectfully agree:
"It is the local authority that seeks a finding that FM's injuries are non-accidental. It is for the local authority to prove its case. It is not for the mother to disprove it. In particular it is not for the mother to disprove it by proving how the injuries were in fact sustained. Neither is it for the court to determine how the injuries were sustained. The court's task is to determine whether the local authority has proved its case on the balance of probability. Where, as here, there is a degree of medical uncertainty and credible evidence of a possible alternative explanation to that contended for by the local authority, the question for the court is not 'has that possible alternative explanation been proved' but rather it should ask itself, 'in the light of that possible alternative explanation can the court be satisfied that the local authority has proved its case on the simple balance of probability'."
I agree with the judgment of Ward LJ. Family judges deal with increasingly difficult child cases and are much assisted in their decision-making process by professionals from other disciplines: medical, wider mental health and social work among others. The courts pay particular attention to the valuable contribution from paediatricians and child psychiatrists as well as others, but it is important to remember that the decision is that of the judge and not of the professional expert. Judges are well accustomed to assessing the conflicting evidence of experts. As Ward LJ said, judges are not expected to suspend judicial belief simply because the evidence is given by an expert. An expert is not in any special position and there is no presumption or belief in a doctor however distinguished he or she may be. It is, however, necessary for a judge to give reasons for disagreeing with experts' conclusions or recommendations. That, this judge did. A judge cannot substitute his views for the views of the experts without some evidence to support what it is he concludes.
14. Parties should understand that the court's approach to witness evidence based on human memory will be in accordance with CPR PD 57AC, Appendix para 1.3.
This states that human memory:
a. is not a simple mental record of a witnessed event that is fixed at the time of the experience and fades over time, but
b. is a fluid and malleable state of perception concerning an individual's past experiences, and therefore
c. is vulnerable to being altered by a range of influences, such that the individual may or may not be conscious of the alteration.
9. To these matters I would only add that 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 and relaying the account. The possible effects of delay and 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 which might inelegantly be described as "story creep" - may occur without any inference of bad faith.
25. No judge would consider it proper to reach a conclusion about a witness's credibility based solely on the way that he or she gives evidence, at least in any normal circumstances. The ordinary process of reasoning will draw the judge to consider a number of other matters, such as the consistency of the account with known facts, with previous accounts given by the witness, with other evidence, and with the overall probabilities. However, in a case where the facts are not likely to be primarily found in contemporaneous documents the assessment of credibility can quite properly include the impression made upon the court by the witness, with due allowance being made for the pressures that may arise from the process of giving evidence. Indeed in family cases, where the question is not only 'what happened in the past?' but also 'what may happen in the future?', a witness's demeanour may offer important information to the court about what sort of a person the witness truly is, and consequently whether an account of past events or future intentions is likely to be reliable.
26. I therefore respectfully agree with what Macur LJ said in Re M (Children) at [12], with emphasis on the word 'solely':
"It is obviously a counsel of perfection but seems to me advisable that any judge appraising witnesses in the emotionally charged atmosphere of a contested family dispute should warn themselves to guard against an assessment solely by virtue of their behaviour in the witness box and to expressly indicate that they have done so."
...
28...There will be cases where the manner in which evidence is given about such personal matters will properly assume prominence. As Munby LJ said in Re A (A Child) (No. 2) [2011] EWCA Civ 12 said at [104] in a passage described by the Judge as of considerable assistance in the present case:
"Any judge who has had to conduct a fact-finding hearing such as this is likely to have had experience of a witness - as here a woman deposing to serious domestic violence and grave sexual abuse - whose evidence, although shot through with unreliability as to details, with gross exaggeration and even with lies, is nonetheless compelling and convincing as to the central core... Yet through all the lies, as experience teaches, one may nonetheless be left with a powerful conviction that on the essentials the witness is telling the truth, perhaps because of the way in which she gives her evidence, perhaps because of a number of small points which, although trivial in themselves, nonetheless suddenly illuminate the underlying realities."
29. Still further, demeanour is likely to be of real importance when the court is assessing the recorded interviews or live evidence of children. Here, it is not only entitled but expected to consider the child's demeanour as part of the process of assessing credibility, and the accumulated experience of listening to children's accounts sensitises the decision-maker to the many indicators of sound and unsound allegations.
54. That a witness's dishonesty may be irrelevant in determining an issue of fact is commonly acknowledged in judgments...in formulaic terms:
"that people lie for all sorts of reasons, including shame, humiliation, misplaced loyalty, panic, fear, distress, confusion and emotional pressure and the fact that somebody lies about one thing does not mean it actually did or did not happen and/or that they have lied about everything".
But this formulation leaves open the question: how and when is a witness's lack of credibility to be factored into the equation of determining an issue of fact? In my view, the answer is provided by the terms of the entire 'Lucas' direction as given, when necessary, in criminal trials.
55. Chapter 16-3, paragraphs 1 and 2 of the December 2020 Crown Court Compendium, provides a useful legal summary:
"1. A defendant's lie, whether made before the trial or in the course of evidence or both, may be probative of guilt. A lie is only capable of supporting other evidence against D if the jury are sure that:
(1) it is shown, by other evidence in the case, to be a deliberate untruth; i.e. it did not arise from confusion or mistake;
(2) it relates to a significant issue;
(3) it was not told for a reason advanced by or on behalf of D, or for some other reason arising from the evidence, which does not point to D's guilt.
2. The direction should be tailored to the circumstances of the case, but the jury must be directed that only if they are sure that these criteria are satisfied can D's lie be used as some support for the prosecution case, but that the lie itself cannot prove guilt. ..."
577. That said, and considering the authorities set out above, the Report of the Inquiry into child abuse in Cleveland 1987 Cm 412 and Report of the Inquiry into the Removal of Children from Orkney in February 1991 among others and the contents of the current ABE Guidance, I am satisfied that this court can take judicial notice of the following matters:
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.
Video-recorded interviews with children are hearsay evidence but may be admitted as evidence
of truth of the statement in family proceedings. Such interviews should be conducted in accordance with the detailed guidance in Achieving Best Evidence in Criminal Proceedings (ABE) (latest edition 2022) although this guidance is non-statutory. The court can make findings based on ABE evidence so long as it is alive to the hearsay nature of the evidence and the age of the children at the time of interview (Re M (Sexual Abuse: Evidence) [2010] EWCA Civ 1030). In TW v A City Council [2011] 1 FLR 1597, CA, the Court of Appeal found that the inadequacies of the ABE interview were so manifest, even allowing for a broad margin of latitude to anyone conducting such an interview, that no evidential weight could be placed on it. In particular, it was not sufficient for a judge to rely primarily on the fact that a child might be able to stand up to and overcome a thoroughly unsatisfactory interview; rather, a clear analysis of all the evidence was required and the child's interview had to be assessed in that context. In Re W; Re F (Children) [2015] EWCA Civ 1300, the forensic value of the ABE interviews was found to be minimal such that the trial judge had been wrong to attach any weight to them. Whether the flaws in ABE evidence are so fundamental as to render the interviews wholly unreliable is a matter for the trial judge who must analyse the process thoroughly to evaluate whether any of the allegations made in such inter views can be relied upon (see Re E (A Child) (Evidence) [2017] 1 FLR 1675, CA, Re M-Y (Children) [2019] 1 FLR 79, CA and Re C (A Child) (Fact-Finding) [2022] EWCA Civ 584 where the Court of Appeal dismissed a father's appeal against findings in care proceedings where criticisms were made of ABE interviews).
Hearsay evidence is admissible as a matter of law, but...this evidence and use to which it is put has to be handled with the greatest care and in such a way that, unless the interest of the child make it necessary, the rules of natural justice and the rights of the parents are fully and properly observed.
In considering the extent to which, if at all, a judge would rely on the statements of a child made
to others, the age of the child, the context in which the statement was made, the surrounding circumstances, previous behaviour of the child, opportunities for the child to have knowledge from other sources, any knowledge, as in this case, of a child's predisposition to tell untruths or to fantasise, are among the relevant considerations.
The reliability of the person relating what the child said is of vital importance.
4 Considerations relevant to weighing of hearsay evidence.
(1) In estimating the weight (if any) to be given to hearsay evidence in civil proceedings the court shall have regard to any circumstances from which any inference can reasonably be drawn as to the reliability or otherwise of the evidence.
(2) Regard may be had, in particular, to the following—
(a) whether it would have been reasonable and practicable for the party by whom the evidence was adduced to have produced the maker of the original statement as a witness;
(b) whether the original statement was made contemporaneously with the occurrence or existence of the matters stated;
(c) whether the evidence involves multiple hearsay;
(d) whether any person involved had any motive to conceal or misrepresent matters;
(e) whether the original statement was an edited account, or was made in collaboration with another or for a particular purpose;
(f) whether the circumstances in which the evidence is adduced as hearsay are such as to suggest an attempt to prevent proper evaluation of its weight.
77.
...
e) CA then moved to Pakistan between 2015 (aged 7) until 2017 (aged 9) to live primarily in the care of paternal family members. CA has stated that these family members were abusive towards her.
f) CA agreed in her oral evidence that this had caused her to resent her father.
g) In October 2017 she returned to her F's care in the UK, but very soon afterwards F got engaged to, and then married, MB. MB came to the UK in April 2019 (when CA was 10, nearly 11).
h) CA stated in her oral evidence that she had felt jealous of F's new wife.
i) MB fell pregnant in April 2020 (when CA was 11, nearly 12) and CB was born in January 2021, when CA was 12.
j) CA felt betrayed by MB's decision to reconcile with F in late 2021 [E171 §20.3].
78. As Dr Gregory put it [at E172], "the high levels of control, parental conflict, relationship breakdowns, inconsistency and multiple mother figures which CA has been exposed to ... are all likely to have a significant impact upon her adaptive functioning" and that, "CA's experience of being sent away and brought back by her father on a number of occasions in response to his relationship status has resulted in the development of an ambivalent attachment style" [E170 §20.2].
79. Dr Gregory also comments on CA's struggle with the cultural aspects of her upbringing [E162 §17.1] and it is clear from all of the evidence before the court that there is a disconnect between the parents' traditional Pakistani backgrounds and CA's upbringing in the UK, with its more liberal values and her desire for, "a level of independence which would be considered developmentally expected for a western child of her age." [E170 §20.1].
[C69/30]
I have also been told by some of the school mums that CA has said to their children that I am her father's third wife and she would make sure that she got rid of me just like she did the second wife.
[C45/39]
I cannot understand the reason CA would make such serious allegations about my wife and I apart from believing this is due to me taking her phone. I believe CA is angry that her phone had been taken away and that she was caught doing something which she knows is not appropriate. That is why she does not want to return home as she may be ashamed. [sic]
[C45]
39...I feel she has gone to the extreme with her allegations as she knows they will not go unheard. If she had said her phone had been taken this would not have alerted the professionals to intervene. I feel uncomfortable saying this about my daughter but it is the only thing I can think of for her making these false allegations. I believe that CA is at a vulnerable age and is easily influenced. She many have been influenced by some of her friends. One in particular friend asks her inappropriate questions such as about my relationship with my wife. CA has also on occasion talked about a friend of hers in foster care who has a lot of freedom and I feel this has given CA the impression that a child can do what they want whilst in foster care. CA was reading a book called The Stepmother which is about a child being physically abused and I believe this may have influenced some of the things she has said to the professionals.
...
41. I believe CA is also angry with me as she felt she did not have as much freedom as her friends. [sic]
|
Q His response to finding out about phone usage was excessively controlling A Yeah Q And having enough of that caused you to speak to [the DSL] A Yeah Q Why speak to [the DSL] at a point when F was in the house, why safe to tell professionals then but it wasn't safe earlier A I was a bit older, I was 2-3 years older, more mature, I just refused to go home and if they took me home I would have run away, when I left on the Monday morning I was not going to go home and I went home after that but the police knew about that, they sent me home but no-one had told F and after that they took me away to a friends house and I refused to go home so there was nothing he could do if I wasn't there |
|
Q Part of your motivation for speaking to [the DSL] was to not return home but to go into foster care A I didn't know it was like it was, I thought it was like a children's home, back in 2020 and 2021 I thought they would keep me home and just speak to my parents and then I found out that they couldn't force you to go home Q How did you find that out A My friend's grandmother was a foster carer and she was like they can't force you to go home... |
[Z45]
It was CA's birthday on [date given] and her Carers took her out for dinner, gave her cards and wrapped presents. She was overwhelmed and said she has never had presents for her birthday before. CA said her parents never celebrated her birthday.
[H2]
3- 3X3 healed brown scar over the left knee joint. Brown/ blue tender bruise 2X2 cm over the right knee joint. Both occurred after fell on the floor while she was being beaten.
|
...I didn't want to say she hit me and they did nothing about it so I over exaggerated, they came to house and my father played it off and they didn't get involved again |
|
...I only had a little bit of bruising on hand...she used to shout at me and that was not that big and I wanted something to back that up and them to come to the house and I could speak with them and get me out, I didn't have the freedom to tell them I needed to get out of there and after that both of them had a really big argument with me and I was too scared to do it again, they hit me |
[C45]
40. I have said in the past CA lies about trivial things and even her school has been reported in the papers so state that she can cover things up when she has done wrong. There was an occasion that she was given detention as she denied having information about an incident involving someone putting gum in a child's hair. CA said she did not do anything wrong but got the blame as the male Teacher did not like her. I spoke to the Headteacher about this as I was concerned that she was being treated unfavourably. I was then told that CA was dishonest about her involvement and kept information to herself, so her friend did not get into trouble. In the house if something broke, she would deny having any knowledge of it. [sic]
Example 3: A child's reason for silence
Experience has shown that children may not speak out about something that has happened to them for a number of reasons. A child may:
• be confused about what has happened or about whether or not to speak out;
• blame him/herself for what has happened or be afraid that he/she will be blamed for it and punished;
• be afraid of the consequences of speaking about it, either for him/herself and/or for another member of the family (such as {specify});
• may feel that he/she may not be believed;
• may have been told to say nothing and threatened with the consequences of doing so;
• may be embarrassed because he/she did not appreciate at the time that what was happening was wrong, or because he/she enjoyed some of the aspects of the attention they were getting;
• simply blank what happened out and get on with their lives until the point comes when they feel ready or the need to speak out {e.g. for the sake of a younger child who he/she feels may be at risk};
• may feel conflicted: loving the abuser but hating the abuse.
[C66/19]
F did not assault me but it is correct that we did have an argument. Both CA and CB were in their room and not present in the same room as us. F was out working and I had called him to ask when he would come home because CB's pushchair was in the car. I wanted the pushchair because I wanted to go for a walk and meet my friend for a coffee. The plan was that myself, CA and CB go for a walk and meet my friend for a coffee. F said that I should not go because it was raining and it was a long walk from home. I just really wanted to go out and at that time had been struggling within myself because I had had my son and it was Covid and I was just feeling a bit low. I wanted to go and meet my friend and that was it and I wanted F to come home to give me CB's pushchair. I was not happy that F was trying to put me off from going for a walk so I hung up on him, When F came home I was upset and angry at him for not coming home and giving me the pushchair for CB to let me go and meet my friend for a coffee. I was upset, angry and emotional and F held me to calm me down. I called out for CA because I knew if I called for CA F would go out. I can recall CA coming into the room and at that point F left the house.
|
...when I was crying I shook a cupboard and there was ornament and things fell from that on the floor then he put his hand around my left shoulder and took me towards the kitchen wall [mimes pushing] pushing, it happened quickly and there was a soft toy on the floor or cushion his foot might have rumbled, something came between and one of his foot came on one of my foot very hardly, very forcefully on top skin of foot and caused my foot bruising |
|
When we reached the wall I don't remember if he held me |
|
There was an ornament that fell from the cupboard He didn't hit me with it but it was like he was going to hit me |
[L32]
On 24/10/2021 at approx. 1345 hrs, MB has been at home in [address given] after arguing with her husband F after his controlling behaviour has stopped her being allowed to see her friend. This is a reoccurring incident whereby F controls who MB sees and also monitors her via cameras on the outside of the house and dash-cameras in the car. When F returned home he screamed at MB before standing on her foot, grabbing her around the throat to the point she cannot breath and pushing her into the kitchen. He has also picked up a gold bowl from the floor and held this over MB's head threatening to hit her with it. F [sic] has attempted to escape but has been pulled back by F into the house and pushed again.
[L35]
Suspect denied the allegations in interview stating the victim had started screaming and shaking the cabinet in front of their young son so he had tried to calm her down.
[L37]
I confirmed with her that she was AIO [all in order?], and that she was happy with the withdrawal statement, and that she had not been forced into it. She told me that it was her decision only, and that she wanted to try give her marriage a go with sus.
[C40/26]
My wife was angry as she felt that I refused to let her go out. There were raised voices and I put my hand on her shoulder to calm her down. We were in the living room, and she was standing near the cabinet so some things fell off when she nudged it. I did not put my hands around her throat or try to hit her with an ornament as reported by CA. CA came into the room with CB in her arms. I left the house to calm the situation.
|
Only thing is she panicked in the video and didn't know what she was trying to tell to the police The only thing I can think of was neighbour upstairs who called the police, I had reported them to the police when they were using drugs and they knew I had reported so they might have said something to her that she must say something to the police, this is my explanation in my head |
[F71]
In regards to the recent assault on MB, CA said "MB wanted to go to Costco [Costa?] for a cofee [sic] but Dad got aggressive saying you're always going out". He went to Asda and took photos to prove that there wasn't a Costco [Costa?] there. He returned and they argued and whilst CA was feeding CB, her Dad "took her (MB) from the door to the kitchen and tried to hit her with a basket ornament". CA became upset and tearful at this point in our discussions. She said "Dad had his hands around Mum's throat", she stated that she screamed and her Dad "ran off and the neighbours called the Police." She spoke of MB wanting to "patch things up" after the incident and talked to her father on the phone. She said she heard him say he would "ruin her life". CA informed me "I want to stay with Mum. I want to stay in this house but without him".
|
He had the thing in his hand and he had her against the wall opposite and he had it up here [right hand raised]...he didn't actually hit her and he just dropped it...and then he just left the house |
|
Q October 2021, you've talked about an injury to MB's toe and holding bowl, explain the sequence of events A F had come home after like he had been really mad, they were arguing near door with the stand an ornament, she had shaken the cupboard out of frustration and some of the things fell and she was speaking to him and I can't remember what saying, shut your mouth or something like that and he grabbed ornament and walked her back to the narrow wall and he had the ornament behind him as if about to hit her and dropped it and left the house Standing on foot was when coming towards her I was present for the whole incident and at start CB was in food chair and I'd taken him out and was holding him and I was watching from the kitchen doorway JQ Where was the strangling A At the end He walked her to that place, she was backing away and he had ornament and when against wall he had his hands around her throat He had hand around, right hand JQ I thought you said that hand was holding the ornament A He had the hand on throat you could see from my left and the left side and the ornament was in the other hand, the left hand |
I did not hit anyone I did not touch anyone I just shaked the cupboard and then my son [CB] started crying and she [CA] took my son and he [F] grabbed that [pointing to gold bowl]
[F194]
She confirmed the incident in October 2021 did happen and was witnessed by CA
On 24 October 2021 F assaulted MB by pushing her across a room and at some point in doing so placed a hand on MB's neck and raised an ornament as if to strike MB. The incident occurred in the presence of CA and CB.
[P1]
whilst during clinics- safeguarding concerns arised from reception. Other patients who were in waiting area disclosed concerns after overhearing step-mother MB conversation in Urdu with patient. Confirmed with [] at reception. Generally MB being threatening and saying that she will beat up CA back at home... [sic]
Managed to separate and speak to CA in private. Took a while for patient to open up but eventually reports that it all started about a year ago when her father F got together with now step-mum MB. States has been beating her up behind father's back and locking her up in her room for hours at a time. could be a couple of times a week. Emotionally abusing patient and threatening to disclose secrets (?)- ...Patient reports does not feel safe and is unhappy at home. No weapons used. physical beatings. reports last beating had a bruise to back of right hand only few days ago, nil bruises elsewhere. no bony injuries.
[P3]
vague bruise on back of right hand- resolving.
[L40]
CIRCS: TELEPHONE RECEIVED FROM DR CHENG AT THE [] WALK IN CENTRE. HE STATES THAT CHILD ATTENDED THE WALK IN CENTRE WITH STEP MOTHER DUE TO HAVING AN UPSET STOMACH FOR OVER 2 WEEKS. WHILE THE TWO WERE WAITING IN RECEPTION, OTHER PATIENTS REPORTED THAT MOTHER WHO SPOKE TO CA IN URDU TELLING HER THAT WHEN THEY GET HOME SHE WOULD ABUSE CA BY HITTING/HURTING HER. DUE TO THIS DR CHENG SPOKE WITH CA ALONE BUT THIS WAS MADE VERY DIFFICULT BY STEP MOTHER WHO WAS VERY RELUCTANT TO ALLOW THIS. ONCE ALONE CA HAS DISCLOSED EMOTIONAL AND PHYSICAL ABUSE BY MB (STEP MOTHER) FOR OVER A YEAR THAT SHE AND FATHER HAVE BEEN TOGETHER. CA ALSO DISCLOSED THAT SHE DOES NOT FEEL SAFE AT ALL IN STEP MOTHERS CARE, SHE BELIEVES RELIGIOUS AND CULTURAL REASONS TO BE THE REASONS BEHIND THE ABUSE, CA ALSO REPORTED THAT SHE IS LOCKED IN HER ROOM UNTIL FATHER RETURNS HOME. MB IS STATED T HAVE BEATEN CA NUMEROUS TIMES IN THE PAST, DR CHENG CONFIRMS THAT THERE
IS BRUISING EVIDENT ON THE BACK OF CA'S RIGHT HAND WHICH FITS WITH THE INFORMATION GIVEN. [sic]
...
[L42]
I attended the address to complete an assessment of CA following the 3rd party disclosure shared with us this evening. It was decided that due to the threat that was overheard she should be visited to be spoken to this evening.
CA did not make any disclosures surrounding her step-mother or any abuse, worries, concerns or changes needed at home. She stated she was happy at home and felt safe. She told me she had people she could talk to if she needed to and was happy to talk to people at school if needed. She spoke about her conversation with the doctor but gave a different account to the doctor - stating the doctor explained someone had heard an argument between her and her mother because she didn't want them to lose their place in the line. CA was an articulate, young female and able to speak freely. We spoke out of earshot of the parents.
[F36]
Due to this, Dr Cheng spoke with CA alone. This was made very difficult by Step-Mother, who was very reluctant to allow this. Once alone, CA has disclosed to Dr Cheng. Emotional and Physical abuse, by MB for the 1+ year that she and her Father have been together...
MB locks CA in her room, until her Father returns home. MB has beaten CA numerous times in the past. Dr Cheng confirms that there is bruising evident on the back of CA's right hand - which fits with information given.
[F55]
She retracted the statements she has made to the GP stating that she did not tell the GP that her step mother abuses her at home. CA reported that her stepmother took her to the Walk in Centre as she has been having tummy aches on and off for over two weeks. She reported that she was due to go back to school the following day. Her stepmother was also unwell, but she was not given an appointment. She reported that when she arrived at The Walk in Centre, there were too many people in the waiting area, and it was a bit stuffy. Her stepmother wanted to go out to get some fresh air as she was feeling sick. She asked her to stay inside so she can hear her name when is called out, so that she does not lose her place on the queue. CA reported she stayed inside for a while, before going outside to check on her stepmother. Her stepmother shouted her for coming out, as she was annoyed that she will lose her place on the queue which she has waited for such a long time, and that she would be angry with her if they leave without being seen by the GP. CA was due back in school the following day so it was very important that she was seen by the doctor and lose her place in the queue. [sic]
...
She stated that when the GP was speaking to her alone in The Walking In Centre, he asked her questions such as, do you get hit or beaten up at home by anyone, do you feel safe at home, are you happy at home etc. She said that she was angry at her stepmother for shouting at her in front of people, and it is possible that she may have answered yes to all the questions without thinking, because her stepmother was also angry at her.
[F61]
I asked her to lift her jumper so that I can see the bruise which the GP had referred to, but there was no bruise and CA was adamant that she had no bruise and that she does not get hit or beaten up by MB or anyone else at home.
[K21]
CA explained to [the social worker] that her stepmother didn't want her to go outside because she didn't want to miss her appointment, when their number is called. She felt that people have misinterpreted what had been said - saying that the way that her stepmother spoke to her is due to her culture and they speak to children harshly to get them to do things.
In meeting with [the social worker] today, CA retracted previous comments and tried to 'explain them away".
|
Q You said that you thought MB was listening at the door A She told F that when we got in to the car, she said I was eavesdropping, didn't completely openly speak but said she could hear most of it Q Did she tell F what had gone on A I think she told him when we got home, not in the car ride |
Prior to 5 January 2020 MB physically assaulted CA causing a mark to her hand.
[F227] and [I48]
• CA said that Dad hit her last night on the side of her head and that she took herself away to her room
• CA said that her ear is still ringing this morning
A week before this medical [the CP medical is being referred to], she was hit by her father and lost hearing on her left ear for 2 days.
[L79f]
When it came to the sexual assault, she asked her to leave the room, and she... he just said to me, "Why are you lying, what's the point of it?" and I just said, "I'm not lying," and he just, yeah, he just smacked me and then he left, and I didn't speak to anyone throughout the entire night. So, I just went up to my room.
...
[L79g]
DC SI: Okay. Okay, and then you mentioned the day... the night before he smacked you.
CA: Yeah.
DC SI: Where did he smack you?
CA: Just across the face. [Gestures hand smacking face]
DC SI: Okay. How did he smack you in terms of what his hand was doing?
CA: Erm, well he was... he always... when he's arguing, he's either crossing his arms or they're beside him but he makes fists or he's sitting down. This time he was standing, it was in the middle of the living room. I was, sort of, erm, about two steps away from this, erm, table we have in the middle and so he just came up to me and he, like, did this finger thing [waggles index finger repeatedly up and down] and he was, like, "You're an utterly [sic] disgrace to yourself and your family and I never want to see your face again." And he smacked me [gestures open palm smack] so hard that I flew back in... like I... I didn't fly but I barged into the table, back, and then he just left and went upstairs.
...
DC SI: So, as you were showing with your hands, did he hit you with an open palm?
CA: Yeah.
DC SI: Okay, and then, where did he hit you?
CA: [Touches right cheek] This face.
DC SI: Oh, okay. So, on the... is that the right cheek?
CA: Yeah.
DC SI: Did it leave... was there any marks that were left?
CA: Erm, it was just, like, sort of, red for a while and then... okay.
DC SI: Okay and were you in pain?
CA: Yeah, but only for a little bit. Then I just, kind of, went into my room and yeah.
[L79i]
DC SI: Cool, and then that phone argument that we were talking about, when your dad hit you in the face and you went backwards, when was that?
CA: Erm, so the day I went to my teacher's was a Monday. The day we had this argument was a Thursday. I don't remember exactly the dates of that, but if you can see... cos it was the... you had also come over on that Monday, I think.
DC SI: Yes.
CA: Or you had come over on that Tuesday, but you'd talked on that Monday, so it was on the Thursday before that.
DC SI: Okay, and then do you remember what month that was?
CA: Erm, February, last weeks of February.
DC SI: Okay.
CA: I think. Not sure though.
[K3-4]
One example is - if I swore or didn't do the dishes my Stepmum would tel my dad and we would all argue. Verbally I always argue back and then either one of them slap me round the face or body. She usually punches me in my back. I just showed [DSL] my back but she can't see any bruises as the last time (before the head one) was December." [sic]
[C43]
32. On 25th February 2023, my wife caught CA on her mobile phone which had been confiscated. She had taken it out of the drawer in our bedroom. My wife's email was linked to CA's personal email...I was at work but my understanding of what occurred from my wife is that she went to CA's bedroom and saw her with the phone. CA swore at my wife and said she will say that she sexually abused her if she informed me of the phone. My wife called me asking me to return home, which I did.
33. I asked CA what happened. I tried to speak to her to get her version of events, but she did not respond. When I took the phone, I saw that CA was sending and receiving inappropriate images with a male; they were both sending images of themselves in underwear but CA's images showed some of her face. I was in shock and did not know what to do, but ask CA to explain. I then took CA to the car to speak to her alone. CA told me that this is normal behaviour. CA initially said the male in the images was her friend's boyfriend and then said it was someone she met online and who lives in Wales. I did not know what to say to this, so we then went back in the house. I wanted time to think about how to manage this. The next day, I took CA to McDonalds for breakfast with the hope that she may open up to me about what was happening, but she did not.
On 26 February 2023 F slapped CA to the face with an open hand.
[K77]
She said the most recent incident was two weeks ago. She said that her step-mother grabbed her by the pony tail, pulled her hair, and she fell back hitting her head on the corner of a wall causing her head to bleed.
[Z5]
CA came into school this morning very distressed.
She has written a statement and spoken to myself ([DSL]) and the DDSL []
...
She reports that both stepmum and dad physically assault her on a regular basis with the most recent being two weeks ago. She was arguing with them because her phone was taken off her years ago and she recently found it and "took it". Parents found out, they argued. Stepmum grabbed her by the ponytail, pulled her hair and she fell back hitting her head on the corner of the wall. CA reports that she cut her head, it bled but she didn't go to hospital. This was 2 weeks ago. I examined her head and a red line is visible in line with a possible scab that has now come off....
[Z24]
On the morning of 27-02-23 [Deputy DSL] came to find me and asked if I would speak to CA as she had a disclosure to make.
I took CA into a computer room some time after 08.30 and, as per our safeguarding procedures, explained that I was here to support her, listen and help. I reminded CA that I there may be things I would have to share with others and that I would make notes as she spoke. CA told me she was happy with this and proceeded to tell me the things that are stated in the CPOMS entry...[sic]
[F235]
2) 3cm red liner mark on top of head -CA reported that her stepmother dragged her by her hair following an argument and she hit her head on a wall, she had a headache for 3 days.
...
[F236]
Above findings skin 1) and 2) are consistent with given history.
[H1]
She mentioned that she had hit her head on the wall in January 2023 while she was being beaten with consequent head injury and bleeding, no medical attention was sought.
[H2]
1- A 4X0.3 cm pink scar was found on the scalp over the vertex, from hitting the wall in January 2023.
[H3]
1. The mechanism and date of occurrence of the scars found in the scalp, both hands and left knee cannot be determined precisely, and they may have occurred by the mechanism and the time given by CA.
[L79h]
...Then I went to try to grab a kitchen towel to clean it and then she just punched me in the back, like, not forcefully, but, like, tauntingly and then she was, like, erm, "Why would you waste an entire kitchen towel to clean that? Use a cloth," and I said, "Sorry," and she thought I had, I had, that I said sorry very aggressively. So, then she just screams at the top of her lungs, "F, come here, your daughter's being a bitch."
So, then he comes in and he's, like, "What did you do?" and I was, like, "I dropped a little bit of food and I tried to go clean it but she's not letting me clean it," and, erm, basically we were having a massive argument about it...and yeah, then my dad had told me to go to my room, and the kitchen's here [makes shape of room with hands] then you have to walk to the corridor [moves hand around the outside of the room and round to the left] and go the room and, like, behind that there's like a frame of a door, there's not actually a door there, into the living room.
So, I was walking around there, but my stepmum wasn't actually done with the argument, so she said, "CA, stop, get back here," but my dad said, "Carry on," and I was more scared of my dad than I was of my mum. So, I, I went in... I carried on. She barged past him. My hair was in a ponytail. So, she grabbed my ponytail and pulled me back, which hit my head on the corner of the doorframe to the living room and then she, erm... and then my dad pulled her off. She left the house. He left the house.
... I didn't even realise I was bleeding. It was still hurting but I didn't know it was bleeding. I went into my room, and I had... erm, went into the corner and when I moved a little bit, I felt like blood trickling down...
[L79i]
...erm, yeah, that wound had, like, bled for about three days straight.
...
Erm, I think it was in, sort of, early February.
[E219]
74. The history provided by CA is not in keeping with the injury, as the top part of the head will not hit the wall in such an incident.
75. However, the history that she has provided is of concern and requires careful fact finding.
...
80. The mark on her head may have resulted accidentally, for example, by hitting the top of her head against a hard edge of a table when standing up.
[E264]
15.My opinions remain unchanged, as hitting the corner of the doorframe is more likely to cause an injury to the sides or front of her head than the top of her head.
[C112]
6. I do not accept the alleged incident on 28 February 2023, where MB grabbed CA's ponytail causing her to hit her head. I was at work on this date. CA was at school and did not return home on this date. This is when CA made this allegation. On 25 February 2023, I was working. It was a Saturday. My wife called to ask me to come home as CA was arguing with her. I came home from work and MB told me that CA has been using her phone. CA knew she was not allowed to use her phone, as in the past she has been using the phone for adult contents. CA then made an allegation of sexual abuse against my wife. I have no knowledge of where the physical abuse incident came from. CA has never informed me of any physical abuse. I cannot understand the reason CA would make such serious allegations about my wife and I, apart from believing this is due to me taking her phone.
In mid-January 2023 MB physically assaulted CA by grabbing her by her ponytail and causing her to hit her head causing a laceration injury.
In the spring of 2019 MB sexually abused CA by encouraging her to massage her legs and coercing her to digitally penetrate her and perform oral sex on her.
[K3]
Physical abuse from both dad and stepmum - this is all my life. It's normal Asian stuff like a slap or a push. it started to get worse when Social Care got involved after Christmas in Jan 2020.
One example is - if i swore or didn't do the dishes my Stepmum would tell my dad and we would all argue. Verbally I always argue back and then either one of them slap me round the face or body.
[L19]
Every 2 weeks escalates quick. I argue back, to shut me up they use physical. ..Everytime. It is normal in my culture. But getting progressively worse. In December Dad slapped me into shoe box. Mum [MB] tried strangle me. She punched my back...
[L79d]
I mean [F] would often, maybe like smack me or something if I did something wrong, but it wasn't very, like, erm, re... often. It was maybe like once every two to three months..
[l79e]
...and [MB'd] just tell my father about it, and he'd just go ballistic. And even if I tried to justify myself or something, he would never take my side. He'd always say like I'm lying, and he'd always believe her and that would always just end up in me getting beat up, and it didn't start as regularly because she used to be out and about a lot more and she used to, like, go over to her friends and stuff, and leave me home and then when my dad had stopped her from going out, out as often, it just became more regularly to the point where there'd be like a big argument practically every week, yeah.
...
So, it was because I wouldn't stop arguing, he'd just beat me up to shut me up.
...
DC SI: Okay. Just describe when he beat you up.
CA: Erm, so, it'll usually be, he'll stand up to intimidate me, erm, and then he would [upset] so he'd stand up to intimidate me and I'd, sort of, back away, usually into a corner and then when he cornered me, he'd smack me a couple of times and if that didn't work then he'd just, sort of, punch me or, erm, anything that just hurt really, and I usually [upset] would put my arms up to, sort of, hide my face or something, and so that... it would accidently, cos he'd be so close, I might accidently hit him, not like meaning to and, erm, yeah, if that, if that ever happened, he'd go ballistic and, like, he'd grab my hair and, like, shove me out the way and stuff, yeah.
[L79f]
...
He took me for the entire day and then he just in the middle of the night, stopped the car on a side road, asked me to come sit at the front and just asked again, why, why did I lie? And when I kept on saying, "I didn't lie and it's the truth," he just bashed my head into a window. Yeah. It didn't result in, like, any bruises or anything, but he still did it.
DC SI: Okay. So, how did he bash your head into the window?
CA: Okay, I was sitting here, and he was sitting here [gestures seated position and then indicates to the right]. So, he just, sort of... erm, first he grabbed my head to make me look at him, and say, "Well why are you lying? Look me in the eyes, cos I know you're lying," and cos in our religion when you put... like in a bible, you put your hand on a bible, you're not... you're saying the truth. I said that to him, I was, like, "Well you can put my hand on the Quran, I'll still say the same thing, she did do it," and he was, like, "I can't believe you're being a disgrace to not only me but also your religion," but he said that in Urdu and then he, erm... cos he had my hand like here [right hand underneath chin] he just [grabs chin and pushes head to the left] flicked me. Yeah.
[L79j]
DC SI: That's all right, I can confirm that. Okay, are there any other physical assaults that you can remember, that you want to talk about?
CA: Well, there were a lot, but they're all just kind of the same thing. It would be, like, a massive argument over something, and I wouldn't stop so he'd just back me into the corner, smack me, punch me a couple of times, then send me to my room [mature? 00:20:31].
DC SI: Okay, would you normally have any injuries?
CA: Erm, I might get an occasional bruise on my arm, but no.
DC SI: Okay.
CA: [Like, yeah? 00:20:42].
DC SI: Okay. How many times do you think or how often would this happen?
CA: At least once every week, usually on a weekend.
DC SI: Okay, and then do you remember when this started?
CA: Erm, about... it had gotten more violent when my stepmum had come and started, like, not wanting me there and started, like, just starting arguments, about four... three or four months after she... so she had come here in the April of 2019. So, sort of, around the summer, er, not summer, September times, it had started and then it progressively got more frequent and more worse.
[L79e]
...if that ever happened, he'd go ballistic and, like, he'd grab my hair...
[K4]
They also say nasty things - this hurts me more . Examples are
"I should have left you with your mother. You are a psychopath. You are a liar."
...
Saturday - I had taken my phone back that I found a few weeks ago, but they didn't know I had it back. On Saturday my stepmum had access to my email and she confronted me verbally. She said she could see various sign ins to show I was using sites. I lied and told her I didn't have the phone as I hoped they wouldn't find it. I snuck to find my phone but my stepmum heard me. She called me down, she had my phone. She told me off for lying. So in this argument then snapped back about the sexual abuse when I was 9. She denied it all and told me I was a liar. She recorded the whole conversation. She filmed some and voice recorded some...at this point but then my dad came home.
He said I was a liar and didn't believe me at all.
[L20]
They insult me-liar, manipulator, wish I left you with mum [MA]
[L21]
They called me liar
[L79e]
...and he makes a big deal of it and he'd just be, like, "Well, you're a disgrace, you're, like, lying, why would you even do this, like, she's your mother?" which she's not, but she is in his eyes...
[L79f]
When it came to the sexual assault, she asked her to leave the room, and she... he just said to me, "Why are you lying, what's the point of it?" and I just said, "I'm not lying," and he just, yeah, he just smacked me and then he left, and I didn't speak to anyone throughout the entire night. So, I just went up to my room.
[L79f]
He took me for the entire day and then he just in the middle of the night, stopped the car on a side road, asked me to come sit at the front and just asked again, why, why did I lie? And when I kept on saying, "I didn't lie and it's the truth," he just bashed my head into a window. Yeah. It didn't result in, like, any bruises or anything, but he still did it.
DC SI: Okay. So, how did he bash your head into the window?
CA: Okay, I was sitting here, and he was sitting here [gestures seated position and then indicates to the right]. So, he just, sort of... erm, first he grabbed my head to make me look at him, and say, "Well why are you lying? Look me in the eyes, cos I know you're lying," and cos in our religion when you put... like in a bible, you put your hand on a bible, you're not... you're saying the truth. I said that to him, I was, like, "Well you can put my hand on the Quran, I'll still say the same thing, she did do it," and he was, like, "I can't believe you're being a disgrace to not only me but also your religion," but he said that in Urdu and then he, erm... cos he had my hand like here [right hand underneath chin] he just [grabs chin and pushes head to the left] flicked me. Yeah.
[L79m]
So, when she was calling me, like, manipulative and evil, and I played with her emotions and things like that, I just sort of let out, "Well, you call me that, but you did this to me, like, you sexually assaulted me."
[L79g]
Erm, well he was... he always... when he's arguing, he's either crossing his arms or they're beside him but he makes fists or he's sitting down. This time he was standing, it was in the middle of the living room. I was, sort of, erm, about two steps away from this, erm, table we have in the middle and so he just came up to me and he, like, did this finger thing [waggles index finger repeatedly up and down] and he was, like, "You're an utterly [sic] disgrace to yourself and your
family and I never want to see your face again...
[L79h]
Then I went to try to grab a kitchen towel to clean it and then she just punched me in the back, like, not forcefully, but, like, tauntingly and then she was, like, erm, "Why would you waste an entire kitchen towel to clean that? Use a cloth," and I said, "Sorry," and she thought I had, I had, that I said sorry very aggressively. So, then she just screams at the top of her lungs, "F, come here, your daughter's being a bitch."
[K4]
My stepmum says if they ever ask her she is going to tell them I emotionally abuse her and manipulate her. She also says she will get her friends to say the same.
At home I am not allowed any books, just the 4 that I was given. I can't watch TV. I draw and write stories but I hide the stories from them. I am not allowed to be friends with [] because she is Trans. I am also not allowed to be friends with black people as they say they are dirty.
[L19]
I'm not allowed to eat Mum's food. Friend has to buy me lunch or I don't eat. Not allowed to eat food Mum cooks.
[L21]
Dad calls my friends nasty, dirty. He doesn't like black people. Not allowed to be friends with trans people. He has a very strict list of who I can be friends with.
[L79e]
She would like... first of all she already said to my face, erm, she didn't want me there and it... I was ruining her marriage.
[L79f]
...we were having then an argument about how I'd betrayed her trust and, erm, made her feel insecure and played her and manipulated her and whatever it... cos she would made up, whatever she could come up with on the spot on how I ruined her life and this that...
[L79e]
...she didn't want me there and it... I was ruining her marriage. So, she would always make up things that she knew would make my father mad, like, it would either be I said something rude to her or I just did something wrong...
[L79n]
She just told me... like, after it, she just told me to keep my mouth shut and go back to my room otherwise she would tell my dad that I swore at her, erm, so that's what I did. I shut my mouth and I went to my room, and I went back to bed cos it was quite early in the morning.
