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my comments on Re B
1. Dear Colleagues,
I feel I need to respond to Justice Hayden’s criticisms of me in the case of Re B. This is a radicalisation
case. I came late into this case following a damning judgement of the parents and B. I read this
judgement with care and I spent a vast number of hours with the parents and the children and with
B. However due to the criminal proceeding that were in the background the parents and children
were quite careful in the early part of the assessment as to what they were saying to me. However,
the parents moved from home educating all their children to placing the children in schools where
they could be monitored. The couple accepted that there had been some difficulties in their
relationship and they sought couple work at the TCCR.
I requested to see the police material around 3 to 4 times and raised it also at a core meeting where
the police were present. I was informed by the social worker after this meeting I was not allowed to
see this material because I was a Muslim.
It was my assessment the parents did open up to me but with B she was scared and guarded
because she was placed away from the family in a house where pork sausages were being fried
when I arrived at the placement. She was left there for a number of months and only moved after
my assessment had been completed and I had raised issues in my report. She was informed that she
could not go to Birmingham by the unit staff as there were too many Muslims.
I raised issues in respect of family dysfunction, couple relationship difficulties and inability of the
parents to cope and look after so many children. From the beginning the father was accused of
radicalising and the blame by the end shifted to the mother. I felt the picture was more complex and
I suggested therapeutic work. In particular, I felt the B needed her parents and worked needed to be
undertake with all of them as the relationships were complex.
I raised the issue of the fact finding and I was informed that the Judge did not wish to hold a fact
finding. I was concerned when I was informed the father had been assaulted and the identity of this
family was known to the public as a result of information available on the internet and I was
particularly concerned about the inappropriate placement for this young person. I made enquiries of
other placements myself and I was informed that Muslim placements were available for this young
person. The Local Authority and police did not wish to move her to a Muslim placement. I was
prevented from viewing the police material because as the social worker stated I was Muslim.
Furthermore, when the Judge cites my qualifications he fails to mention I am qualified counsellor, I
hold a MSC from the Institute of Psychiatry and I have undertaken clinical training at the Tavistock
clinic and I have worked in CAHMS. In addition to this I am in the final stages of completing a
Professional Doctorate at the Tavistock clinic. I asked for a professionals meeting and I felt that B
had learnt her lesson as had the parents and I put forward a plan within my report. In court the
Judge’s parting comments were “go and sort your head out” I found his comments Islamaphobic
because my impression of the dynamics was that somehow as a Muslim I had become a part of this
family. Despite the Judge stating he did not question my integrity and independence by these
comments he did and I think the basis was simply Islamophobia.
The current framework for assessing Muslim families in my opinion is Islamaphobic as it implies that
only Muslims can be extremists and become radicalised. Actually the picture is far more complex.
I note that B is now going home and it is my assessment and remains my assessment that it was
long overdue and in addition to this it was my assessment that the harsh approach used did
contribute to her radicalisation. It is for this reason I now feel that a more diverse Judiciary really
now need to deal with the complexities of some the families that we work with.
2. Finally, in respect of Justice Paulfray.
One of the cases she mentions I was a Nyas caseworker and Nyas wrote to her with her views. I had
been involved for a number of years and since that time solicitors at NYAS had changed. I was
thanked for my work and as soon I left the Judge arranged to see two young children in court. She
arranged for an aunt to bring the children to court. It was a private law dispute where the parents
(both Muslim Pakistani) had deep contempt for each other and there had been historical domestic
violence and drug misuse from the father towards the mother. NYAS and myself had worked hard
on this case and it was my assessment that if I had not been released and consulted I would have
seen the children in a neutral environment. I chose to finally assess their wishes and feeling through
observing contact as I had written a number of reports previously and had known the children for a
number of years. In this case the Judge held a fact finding and I would say it was impossible to
understand the mother properly unless you spoke her language as the interpreter was unable to
keep up. I noted the disrespect the Judge showed to the father’s barrister who is Pakistani Muslim.
She would often cut her and interpret her. I was thanked for my work in open court and not
consulted over the process of the Judge seeing the children. I was criticised for emails not being fully
disclosed but NYAS were responsible for this and wrote to the Judge. Following the conclusion of the
case Nyas were very supportive. I am unclear when I was appointed by Nyas why I was singled out by
the Judge and I feel that her Judgement does not reflect what really happened in the case.
In the case of Re S. I was concerned after my detailed assessment of the mother in Pakistan. She was
not allowed to part take in the trial as a party to the proceedings by video link as it left me as the
only person in the court room that had met and assessed her. I have been assessing in Pakistan for
nearly 10 years and I have set up a team there. I was returning to Pakistan and offered to undertake
a further assessment in Pakistan to assist the parties. My reports were barely mentioned in the
Judgement and my oral evidence distorted. After I was criticised I found out the Judge directed my
reports to be released for the mother’s immigration case and she was successful in this and currently
lives in the Uk with her daughter. I have been instructed by many Local Authorities to undertake
assessments in Pakistan, India and Bangladesh and I am shocked as to how misunderstood these
countries are by the practitioners in the Uk.
The learning for all this for me that surely the time has now come for a more ethnically diverse
Judiciary in the Uk at all levels but particularly in the High Court and above. In particularly in the
radicalisation cases where a real understanding of Islam and Muslims is required.
I am in the process of setting up a charity to assist Muslim families particularly in cases of
radicalisation who need assistance and advice in the court process. Any professionals who wish to
join me please email me rukhsanapakistan@gmail.com.
Rukhsana Farooqi
16 July 2016