Introduction
1.This judgment follows a finding of fact hearing in public law proceedings concerning two children, S and E, aged 10 and 8 respectively at the time of the hearing. Their mother and father are the first and second respondents. The children, represented by their guardian, are the third and fourth respondents. The applicant is Sunderland City Council through its agent Together for Children Sunderland. Following a previous application which concluded on 4 September 2019 a six month supervision order was made with the children remaining with both parents. Shortly after that order was made an incident occurred overnight on the 19-20 September 2019 which led to the mother being taken by ambulance to hospital and the father being arrested. The parents separated and have remained apart since that night. The father brought private law proceedings for a child arrangements order. As a result of a series of events which are set out in detail below, this application was issued on 13 September 2020. The Local Authority has applied for a Special Guardianship Order in favour of the maternal grandmother in respect of both children but, following interim supervision orders within these proceedings, the children currently live with the mother.2.The applicant relies on an Amended Schedule of Threshold Findings which includes allegations of parental domestic abuse and conflict and neglectful parenting, many of which are not substantially disputed. However, there are further allegations, including additional allegations made after the Amended Schedule, which are very much in dispute and which are the subject of this judgment. They are:i)E has alleged that the father has placed his penis in her mouth and also in her brother’s mouth.ii)S has alleged that his father has touched and squeezed his penis on multiple occasion over the top of his clothing.iii)S has alleged that his father has placed his penis in his “bum” on more than one occasion and that the father has done the same to E.The applicant notes that the father disputes these allegations and invites the court to determine whether:Either: a. The allegations are true: i. The father has sexually abused S and E; and ii. the mother failed to protect S and E from such abuseorb. The mother has deliberately fabricated false allegations of sexual abuse and induced E and S to make false allegations of sexual abuse against the father.3.The mother has made separate allegations that the father was physically abusive towards her “on occasions” during the relationship. The father denies that allegation and counters it with his own allegation that the mother’s allegations of physical abuse against her and sexual abuse against the children, are malicious.4.I heard evidence from the parents, from social workers to whom allegations were made and who have been involved with the family at various times, from police officers, from a therapist who worked with E and the mother whilst they were at a refuge, Ms SP, from S’s class teacher, Mr T, and from the father’s sister, SR. In addition I have been provided with a large number of written documents including evidence from previous proceedings, social worker notes, parenting assessments, and transcripts of police interviews. I have also viewed film of the Achieving Best Evidence (ABE) police interview with S, body worn camera footage from emergency services’ attendances on 19 to 20 September 2019, and I have listened to an audio recording made by the mother of her talking to E on or about 18 October 2019, and a recording of the police interviews with the father on 20 September 2019 and 16 September 2021. The mother and father were present with legal representatives in the courtroom throughout the hearing. At the mother’s request she was separated from the father by a screen, including when she gave her evidence. Provision was made for separated waiting areas and conference facilities outside the courtroom. All counsel except for Miss Phillips for the mother, attended the hearing remotely. All witnesses other than the mother and father gave evidence remotely.