Mr Justice Poole:
1.This judgment follows a finding of fact hearing in public law proceedings brought by Bradford MDC in relation to two children, R, a girl born in 2004 and now aged 17, and S, a boy now aged 12. The Respondents are the children’s parents to whom I shall refer as the mother and father in this anonymised judgment. There is a third child of the family, T, who is now an adult male aged 20, and who is an intervenor in these proceedings. The parents, T, and R were all born in Pakistan. The family moved to Country A (in continental Europe) when T and R were young. S was born in Country A in 2010. The family moved to England in 2017.2.The proceedings were begun following allegations made by R on 7 June 2021 that T had sexually abused her when they were younger, that she had informed her mother of what T had done but she had dismissed her complaints, and that the father had made threats of violence against her after she had raised her allegations with her mother. The nature of the allegations and the manner in which R raised them are discussed later in this judgment. The Schedule of Findings sought by the Applicant appears at Appendix One to this judgment. I set out the details of the allegations in Appendix Two which is to remain confidential. My findings appear at Appendix Three.3.The identities of the children, their parents and T are protected because it would be against the interests of, and positively harmful to, the children for their identities to be known. I have not included the details of the allegations of sexual abuse in the body of the judgment to guard against prurience and because those details need not be known for the judgment to be understood.4.Upon R making the allegations, T and the mother were arrested. T was interviewed by police on 7 June 2021. T and the mother were bailed on conditions and both R and S were made subject to interim care orders in favour of the Applicant. Later S was returned home to live with his parents, T having moved out of the family home. S, who has a learning disability and is non-verbal, remains subject to an interim care order. On turning 17, R consented to being accommodated by the Local Authority under s.20 of the Children Act 1989.5.S has a Children’s Guardian appointed. R is separately represented. I have been provided with a 713 page bundle of written evidence which includes a transcript of an Achieving Best Evidence (ABE) interview with R on 7 June 2021. References in this judgment are to the page in the hearing bundle and the first line of the relevant extract. R’s interview was filmed and I have watched it. I have also listened to the audio recordings of interviews with the mother, father, and T, and read transcripts of those interviews. I have had regard to witness statements including but not limited to those from MB, supervising social worker, Ms K, the pastoral lead at R’s current school, and Ms A, a family court advisor engaged by Cafcass who previously acted as R’s Children’s Guardian. I have heard oral evidence from CY, social worker, Ms K, safeguarding lead at R’s school at the time when she made her allegations, the mother, father and T. R has not given oral evidence and no party applied for a Re W hearing to determine whether she should give evidence. The mother and father gave evidence through interpreters.
