London Borough of Bexley & Anor v CW & Ors

In this matter I am concerned with six children. I have before me three applications for care orders. One brought by the Royal Borough of Greenwich in respect of the A children, issued on 13 December 2013, one brought by the London Borough of Bexley in respect of the three B children, issued on 16.12.13, and one brought by the London Borough of Bexley in respect of BW issued on 16.12.13.

The A children are:

The B children are:

BW who was born on 30.4.12 and is 2 years of age. His father is VB and his mother is ZB. She had been brought up by VB as a child of his family. For some time it was believed ZB was his daughter. It has now been established that he is not. ZB’s mother is NC.

The First Respondent is CW. She is 46 years old. She has two older adult children, C (27) and Ca (22).

The Second Respondent is VB. He is 42 years old. It is said he has another child, Sy who is 6 years old. It is not clear who her mother is or was. Sy is said to live in Haiti with SB’s mother, LG.

The Third Respondent is ZB, the mother of BW. There is an issue about her date of birth; it is either 4 April 1993 or 1996. I shall consider the circumstances in which this issue arose in my evaluation of the evidence.

In light of her age and a divergence of views with her children’s guardian, SB is separately represented; her guardian is Katie Draffan. PB, TB and BW are represented by their children’s guardian, Katherine Gledhill. SB and JA are represented by their children’s guardian, Clair Foster.

The case is listed for a fact finding hearing and a final welfare hearing. This judgment deals solely with the fact finding element of the hearing. The local authorities seek findings of fact, in broad terms:

Those three respondents each deny and challenge the majority of the findings of fact sought against them.

Immediately prior to the commencement of this hearing VB stood trial on charges of rape and sexual abuse of SB and SA. On 4 July 2014 VB was convicted of one count of raping SB on 2.12.13, one count of raping SA over a period of time and of five counts of child cruelty relating to the B children. The jury were discharged from reaching verdicts on other counts of rape in relation to SB and SA. Sentencing was adjourned to permit the CPS to decide whether it would seek a retrial in respect of those latter offences.

It is conceded by all parties that the threshold criteria of s31(2) Children Act 1989 are satisfied in respect of each child who is the subject of these proceedings. There is a substantial issue between the parties, however, as to the factual basis upon which the threshold criteria are satisfied.

The burden of proof lies throughout on the local authorities who seek to prove the facts set out in the Schedule.

The standard of proof is the simple balance of probabilities: Re B (A Child) [2013] UKSC 33.

The factual background to this matter is complex and the evidence given in respect of certain significant events is either inconsistent and/or contradictory. I will consider those issues when I conduct my analysis of the evidence. For now I simply wish to set the scene for the events which precipitated the issuing of these proceedings.

CW was born and grew up in Ghana. There she met JS, now deceased, by whom she had her first daughter C. She then began a relationship with CaW, a German national. They married in January 1991 and travelled to settle in Germany with C. Ca was born in 1992.

Their relationship ended and she was divorced from CaW in 1998. In 1997 CW met EA, who is the father of SA and JA. They remained in a relationship for some 6 years. I understand that after their relationship ended EA played no role in the lives of the children.

CW then met VB in 2006 and shortly afterwards he moved into CW’s home with her four children. CW and VB were married in 2007. In 2008 TB was born. CW alleges she was physically assaulted by VB after their marriage and that violence continued throughout their relationship.

VB is a national of Haiti. Shortly before he met CW he had travelled to Germany. There is little clarity about his life in Haiti. He had relationships from time to time with NC and LG which resulted in the births of PB and SB respectively.

VB maintains that Sy was born as a result of a ‘one night stand’ with a woman known only as ‘Annie’ who, it is said, died after the Haitian earthquake in 2010 or from AIDs.

The circumstances in which ZB, SB and PB came to live with VB and CW in Germany are far from clear. Suffice it to say, there came a time when those three children were living in the W/B household.

When living in Germany the family came to the attention of the German authorities and social services. They were concerned that the children had been trafficked from Haiti to Germany. CW and VB did not co-operate with the German Social Services.

In late 2010 and in anticipation of further action being taken by German social services, the family left Germany and travelled in two cars to the UK. They settled in Telford. Prior to that time SB and PB were made the subject of Guardianship Orders in the German courts.

In 2011 the West Mercia police investigated VB for an alleged false passport application. They had concerns about child trafficking as had their German counterparts. The police contacted the local social services department to notify it of their concerns about this family.

In 2012 VB was arrested by the police in Scotland for alleged possession of crack cocaine.

In July 2012 a joint investigation was undertaken by the West Mercia Police and the local authority. All of the children were interviewed except for Sy who it was said by VB and CW was living with the family at this time. Conflicting accounts were given about the family’s life by VB, CW and the children.

During this enquiry VB told the police and CW notified the local authority that the family was to move to live in London. The local authority made a referral to the Royal Borough of Greenwich’s social services department.

In late September 2012 CW reported to the Metropolitan Police that she had been assaulted by VB. The following day she withdrew the complaint asserting that when VB bit her he had done so in self defence. A referral was made to Greenwich who undertook a core assessment. The home was found to be clean and tidy but there was concern about domestic violence. The assessment included making enquiries of German social services based in Cologne. At the conclusion of the core assessment a decision was made to make all of the children the subject of a child protection plan under the category of neglect.

At some point in 2012 or early 2013 it was asserted that Sy was returned to live in Haiti with LG. On 22 March 2013 Sy was visited by a social worker from Children and Families Abroad. There were no concerns about her welfare.

On 26 February 2013 CW called the police to the family home alleging she had been assaulted by VB in the course of an argument. He left the house and said he would report CW to social services for hitting the children.

As a result of his report to social services SB and PB were ABE interviewed by the police later that same day. Both made allegations that CW has assaulted them and some of the other children.

ZB was spoken to by a police officer but was not formally interviewed. She alleged that she, BW and PB had been assaulted by CW. She was formally interviewed on 12 March 2013 and repeated her earlier allegations.

On 27 February VB was arrested for his alleged assault of CW. He was interviewed under caution, denied the allegations and alleged CW had assaulted ZB, BW and PB.

VB was released from custody and returned to the family home where he lived with the B children including TB.

On the same day CW was arrested in relation to VB’s and the three children’s allegation that she had assaulted them and BW. She was interviewed by the police.

Later that day she was granted bail with a condition that she reside away from the family home.

SA and JA moved to live with their mother CW in June 2013.

On 26 March VB gave a statement to the police in which he repeated the allegations he had made in his police interview.

On 5 April 2013 SA and JA were interviewed by the police in relation to these alleged offences. They did not make allegations against their mother, save JA did say that his mother slapped and beat him. Both alleged that VB had assaulted their mother.

On 13 May 2013 CW applied for and was granted a non molestation injunction and a prohibited steps order against VB. In her statement filed in support of the application, CW made numerous allegations of domestic violence against VB.

Further she sought a residence order in respect of TB. TB, however, remained in the care of VB and CW did not pursue her application for a residence order.

On 5 December 2013 SB made an allegation at school that she had been physically assaulted by her father. The police conducted an ABE interview with SB on 8 December. It was agreed she would stay with a family friend Ms N. The father was arrested and interviewed on 6 December and bailed.

SB is alleged to have told Ms N on the evening of 10 December that she had been raped by her father since she was 14 years old. Ms N reported the matter to the police.

The police commenced an investigation and on 11 December SB and SA underwent ABE interviews and repeated the rape allegations. SB, PB and TB were made the subject of police protection orders and were placed with foster carers. On the same day SA was removed from her mother’s care and placed with foster carers; she returned to her care on 17 February 2014. VB was arrested and interviewed on the 12 December.

ZB was spoken to by the police and was later formally interviewed on 13 February 2014. She claimed she had had sexual intercourse with VB on one occasion only. She explained that CW had encouraged her to become pregnant to improve her prospects of being granted leave to remain in the UK. Accordingly she said she had ‘forced’ VB to have sexual intercourse with her by striking him on the head which caused him to be dazed and, in terms, unaware of what was happening. ZB said that VB was her biological father. She later retracted both assertions.

ZB made a statement to the police on 3 April in which she knew VB was not her biological father but that she had always called him Dad. Further she said her mother had recently told her, her date of birth was 4 April 1993 and not 1996.

On 4 April VB was additionally charged with 5 offences of cruelty and 1 offence of sexual activity with a child family member (ie ZB).

He was interviewed under caution and charged with eight counts of rape. He was remanded in custody to await the conclusion of his criminal trial. The police further interviewed him under caution on 25 March 2014.

The case management of this matter has been bedevilled by the serial failure of one or more parties not to comply timeously, or at all, with court directions. I refer to the judgment I gave on 16 June 2014: London Borough of Bexley and Another v V and others [2014] EWHC 2187.

The Findings of Fact sought by the local authorities are set out in a schedule dated 1 July 2014. They are as follows:

At the conclusion of the evidence but before closing submissions Ms Fottrell, counsel for Katherine Gledhill, one of the Children’s Guardians, sought additional Findings of Fact against ZB and CW. They are set out in her submissions dated 10 July 2014 and are as follows:

That CW knew VB was sexually abusing ZB because of the intimate and inappropriate dynamic she observed between VB and ZB. She described ZB’s role as ‘not normal’ and being that of a wife which she can only have meant in a sexual way. She has described ZB as a rival to her. She stated in oral evidence that her role diminished as ‘everything was ZB’ with VB;

She kept track of the menstrual cycles of SB, SA and ZB and told VB about this. In oral evidence she admitted that she noticed ZB had stopped her periods and discussed it with VB;

She knew TB was sharing a bed with VB thereby placing her at risk of sexual abuse and/or exposure to his sexual activity and she took no steps to protect her despite her knowledge of the abuse of the other children. She lied to the London Borough of Bexley social worker in June 2014 as to whether she knew that TB was exhibiting sexualized behaviour in December 2013;

She knew that BW was VB’s child which was why he was present at the birth of BW. She encouraged her children to lie about it eg JA telling social worker that BW was CW’s child. In March 2013 SB said the children knew that BW was ZB’s child;

Despite knowing about VB abusing ZB she did not act to protect her own daughter SA although she observed a change in her and saw she was ‘sad and withdrawn’. This change in SA was so marked it was noticed by PW when she saw SA after her move to the UK. It was also noticed and not acted upon by CW herself;

That CW and VB claimed child benefit for 8 children in their time in the UK;

That she had contact with Ms Ch about the allegations against VB including the day after VB was arrested on 12^th December 2013;

That she pressured all the children to lie to the social worker and other officials starting in March 2010 when the children were told to lie about VB’s assault on C, and continuing consistently through to 2013 when SA was found to be ‘distant and suspicious regarding engagement with the social worker’ once she returned to her mother’s care in June 2013.

I have read all of the statements, reports and documents the parties invited me to read.

I heard oral evidence from CW and ZB. In light of his convictions for rape and child cruelty VB did not wish to give evidence at this fact finding hearing and no other party sought for him to be called into the witness box to be cross examined. Ms Dixon counsel for VB, confirmed that he understood that, notwithstanding the fact that he chose not to give evidence, it was open to the court to make the findings sought by the local authorities against him on the totality of the evidence before the court.

On 26 February 2013 CW telephoned the police alleging VB had once again assaulted her. He left the family home with SB, PB and BW and took them to social services who made a referral to the police.

The police conducted an ABE interview with PB and then with SB. ZB was spoken to by the police but not formally interviewed. In the course of their interviews each of them made allegations that on frequent occasions CW was violent to each of them and to BW. ZB repeated her allegations when she was formally interviewed on 12 March. There was a material consistency between the allegations made by the three of them. I found each of them to give compelling and credible accounts.

On 27 February VB and CW were arrested and interviewed by the police. Both were granted bail.

On 5 December 2013 SB made an allegation when at school that VB had assaulted her. He was arrested and interviewed but denied the assault.

On 8 December SB underwent an ABE interview with the police in which she made numerous allegations of physical violence by VB against her. The following day SB told Ms N that VB has sexually abused her. Ms N informed the police.

On 10 December VB in the company of ZB, waited for SB outside the foster carers’ home. He drove her to school. During the course of the journey he told her to retract her allegations of physical abuse.

On the same day SB was again interviewed by the police when she told them that VB had frequently raped her from the age of 14. She said she knew something was going on with VB and ZB. SB told the police that she believed he was also raping SA; she had heard “bed noises” when she was upstairs alone with VB and afterwards SA was “unhappy and really quiet”.

As a result of what SB had told the police SA was interviewed later the same day. After initially denying the allegation she then similarly told the police that she had been repeatedly raped by VB from the age of 10. The rapes only stopped when she went to live with her mother in June 2013.

On 11 December VB was arrested on charges of rape and was interviewed. He denied all of the allegations.

PB and TB were interviewed by the police on 28 January 2014 in relation to the rape allegations. They told the police that VB had been violent to them and the other children on numerous occasions over the years both when living in Germany and when living in the UK.

On 9 March PB told her foster carer that she knew VB was BW’s father and that he had had sex with ZB, SB and SA. She told them SB and SA were angry about his sexual assaults but that ZB ‘liked it’.

I have read the ABE interviews of SB and SA, especially those in which they said they had been raped, with great care. Both interviews were characterised by long passages of free narrative setting out the sexual assaults and rapes in detail. I found the accounts given by both of these young people to be remarkably compelling and credible.

I read the ABE interviews given by PB, TB and JA. I viewed the DVD recording of the 2014 interviews of PB and TB. They gave their accounts in a natural manner. At no stage did I form the view that they had been coached to give their accounts nor that they were otherwise lying.

CW, during her evidence in chief and for the early part of her cross-examination by Mr Twomey, gave her evidence in English. At the close of the first day of CW’s evidence an application was made on her behalf that she give the balance of her evidence with the assistance of a German speaking interpreter. It was arranged overnight. Giving evidence in German did nothing to improve the quality or reliability of her evidence. I noted that towards the end of her cross examination when she was being asked by Mr Twomey about her knowledge of ZB, SB and SA being raped by VB she became very animated. She then, in a very agitated state, spontaneously answered the questions in English. It was only when she regained her composure that she reverted to using the German interpreter.

In my judgment the use of the German interpreter was a cynical ploy by CW to bolster her assertion that she had not understood the questions asked of her the previous day. She had understood the questions; she just could not or would not give honest answers to them. Further, I note, that when CW was interviewed by the social worker, Dr Stevens and Ms Gatehouse she spoke in English. It was asserted by CW for the first and only time in her oral evidence that she had not understood some of Dr Stevens’ questions. I unhesitatingly reject that assertion.

CW was a most unsatisfactory witness. She repeatedly changed her account of events and, as I find, she lied to the court with startling alacrity. On the basis of her oral testimony, I place no reliance on her evidence whatsoever.

I have reached those conclusions for the following 24 reasons:

On the totality of the evidence I find in broad terms that CW:

If I am wrong in my findings at paragraph 70 (xxiii) and 71(vii) above, I am satisfied that she turned a blind eye or missed the blindingly obvious. It is just as serious as a finding that she knew.

In the premises I make all of the findings sought by the local authorities set out at paragraphs 50 (xxxii) – (xxxix), (xli) – (xlii), (xliv) – (li), (liii) – (lviiiA) above. Further I make the findings sought by one of the Children’s Guardian, Ms Gledhill, at paragraphs 51(xxxii) and 51 (xxxiv) - (xxxviii) above.

VB was convicted of:

On the totality of the written and oral evidence, I am satisfied so that I am sure that VB serially and frequently raped ZB, SB and SA.

I am completely satisfied that VB was regularly physically violent and emotionally and psychologically abusive towards CW and all of the children in the household. He was extremely controlling. He cast aside all social norms of family life.

Whilst I find he was, from time to time, abusive towards CW, I wish to make clear that that finding does not detract from my findings against her. She was able to and capable of conspiring and assisting him in the trafficking of the children and in much of his abuse of them. At the very least she should have but did not protect them.

I am of the clear view that he is a manipulative, cruel, and dangerous man. He has expressed no remorse or regret for any of his actions. ZB, for a considerable of part her life, believed he was her father. In any event she had been treated as a child of the family. It gives a real insight into VB’s functioning that he considers his ‘relationship’ with ZB, that is his repeated rape of ZB when under the age of 16 and his successful grooming of her to believe he was her ‘boyfriend’, was ‘appropriate’. Nothing could be further from the truth.

I am satisfied that he conspired with CW to traffic children from Haiti. I am further satisfied that he caused ZB to become involved in drug dealing for him.

In the premises I make all of the findings sought against VB by the local authorities set out at paragraphs 50(i) – (iii), (vi) – (vii), (ix), (xi), (xvi) – xvii), (xxvi), (xxviii) above.

In my judgment ZB should principally be considered a victim of the gross sexual, physical and emotional abuse she suffered at the hands of VB and the serious physical and emotional abuse she suffered at the hands of CW. She was trafficked and used as a sex slave for and by VB. Very sadly this abuse has greatly affected her emotional and psychological well being.

The extent of that damage is well illustrated by two aspects of the evidence:

It is plain that over the years she suffered sexual abuse, VB groomed her to think of herself not as a victim but as a willing sexual partner who was in a relationship with him. She is enmeshed with him and was dominated by him. Although she gave some evidence against him she did so very reluctantly.

ZB said she had been told not to say anything against VB. When I asked by whom, she paused for a considerable period of time and said Ms Ch, VB’s sister who lives in the USA. ZB admitted that since VB’s arrest Ms Ch had, from time to time, sent her money. She denied the money was given to her to buy her silence. I regret I find that was precisely the purpose for which the money was paid to ZB.

Documents were produced some of which asserted that ZB was born on 4 April 1993 and others that her date of birth was 4 April 1996. At the outset of her evidence she told the court that she was born in 1996 and thus is 18 years of age. She said that VB had made the suggestion that she was born in 1993 and produced the documents to that effect in an attempt to avoid a charge that he had had sexual intercourse with her when she was under 16 years of age. On this point I accept ZB’s evidence especially in light of my findings against VB.

ZB reluctantly and eventually accepted that she knew that VB would – given his high sexual appetite and his prolonged sexual abuse of her – sexually abuse SB and SA. Her maintained denial of knowing that VB was sexually abusing SB and SA is, I find, simply not credible given the small and cramped living conditions and when it is plain that PB knew of the sexual activity of VB with ZB, SB and SA.

ZB began her evidence in a nervous but open fashion. As her evidence progressed she became increasingly truculent and reluctant to answer questions about VB’s violence, his abuse of the children and his drug dealing. I regret to find that in these aspects of her evidence she was not honest or frank with the court. She sought to protect VB or to minimise his actions.

Her denial of witnessing VB assaulting the other children is, in light of all of the evidence, simply incredible and I reject it.

She gave an account of meeting by chance a young man, H, in the middle of Central London. They became friends. He lives in Aberdeen the town where ZB knew she would be and was sent by VB to sell drugs for him. When in Aberdeen she met with H. Her account that this was a chance meeting and that H had no involvement in drug dealing with VB or her is beyond coincidence and belief. Cruel though I find VB to be, I do not accept that, for his own self interest, he would have allowed this young woman to deal drugs on the streets of Aberdeen, collecting hundreds if not thousands of pounds, without having some protection or oversight.

She accepted she had left BW in VB’s care when she knew or, at least, suspected he was sexually abusing SB and SA and she knew of his propensity to be violent to the children. Indeed SB gave an account of VB raping her downstairs when BW was present in the room. ZB’s damaging and enmeshed relationship with VB led her to fail to protect her son.

In the premises I make all of the findings of fact sought by the local authorities set out at paragraph 50 (lix) – (lxv) and (lxvii) above. Further I make the findings of fact sought by Katherine Gledhill one of the Children’s Guardian, at paragraph 51 (ii) – (v), (vii) – (ix), (xii) – (xiv), (xvi) – (xviii) and (xx) – (xxxi) above.