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Court of Appeal rules the 3 Sara Sharif judges can be identified next week.

(108 Posts)
FriedGreenTomatoes2 Fri 24-Jan-25 11:27:03

Three judges who oversaw family court proceedings related to the care of Sara Sharif can be named next week, the Court of Appeal has ruled.

In December, Mr Justice Williams said that the media could not identify three judges who oversaw historical court cases related to Sara, as well as others including social workers and guardians, because of a “real risk” of harm to them from a “virtual lynch mob”.

But in a ruling on Friday, three Court of Appeal judges said the three unnamed judges could be identified in seven days.

Sir Geoffrey Vos said: “In the circumstances of this case, the judge had no jurisdiction to anonymise the historic judges either on Dec 9 2024 or thereafter. He was wrong to do so.”

He added: “It is the role of the judge to sit in public and, even if sitting in private, to be identified... Judges will sit on many types of case in which feelings run high, and where there may be risks to their personal safety.

“I have in mind cases involving national security, criminal gangs and terrorism. It is up to the authorities with responsibility for the courts to put appropriate measures in place to meet these risks, depending on the situation presented by any particular case.

“The first port of call is not, and cannot properly be, the anonymisation of the judge’s name.”

‘Got carried away’
Sir Geoffrey said that the High Court judge “got carried away” in his ruling, finding that Mr Justice Williams had “behaved unfairly” towards two journalists.

The senior judge also said Mr Justice Williams had made an “unwarranted” sarcastic remark about a 2021 Channel 4 Dispatches programme.

Sir Geoffrey added: “Such sarcasm has no proper place in a court judgment.”

GrannyGravy13 Fri 24-Jan-25 14:16:12

FriedGreenTomatoes2

And judges were happy to name Metropolitan Police officer Martyn Blake who pleaded not guilty to murdering Chris Kaba and was found not guilty, but they don’t want to be named themselves.

Double standards?

It does look like double standards

silverlining48 Fri 24-Jan-25 14:36:21

Most children do not talk to anyone about the abuse they experience. Many reasons, fear, threats or family loyalty. It seems that the father appeared a more stable parent than the mother who had cared for Sara previously. Wrongly,of course, but if bruises etc were satisfactorily explained away and if she appeared to be ok and the family caring, there is little any social or other support worker can do.
The school described Sara as a confident girl, and certainly old enough to articulate any
problems, so if she didn’t, wouldn’t or couldn't, then a conference with agreement of education, police and any others involved with the family, decides that the the case should be closed and the worker is allocated the next case on an ever increasing waiting list.
It’s a tragedy, that home, for some unfortunate children, can be the most dangerous place to be, instead of the safe loving place it should be.

FriedGreenTomatoes2 Fri 24-Jan-25 14:41:23

Heartbreaking summary silverlining.
Thank you for expressing this so well and sensitively.

eazybee Fri 24-Jan-25 14:48:27

Yes there is. This judge made a very wrong decision in returning Sara to her father, against the advice of the social workers and the foster parents who cared for her. I hope there will be professional investigations into his reasoning too.

rafichagran Fri 24-Jan-25 14:51:22

Anniebach

What can be gained by naming them ?

Nothing, it's not going to change things, and they have anonymity for a reason, for there safety.

maddyone Fri 24-Jan-25 14:53:33

eazybee, according to the Guardian, an inexperienced social worker recommended that Sara be put into the care of her father. There are few judges who would go against the advice of a social worker.

FriedGreenTomatoes2 Fri 24-Jan-25 15:02:19

Even an ‘inexperienced one’ maddyone?
Maybe that’s part of a wider problem.

Visits are made, assessments done, workloads too onerous, follow ups missed or not scheduled. Workers leave/retire/move on, caseloads are not robustly handed over. Multi-disciplinary teams don’t share information adequately.

It seems a hot crazy mess.

silverlining48 Fri 24-Jan-25 15:12:54

Assume Sara would have had a guardian ad litem to speak in court on her behalf, whose recommendation would be taken seriously.
Sara too will also have been spoken to privately by the judge. She would have been asked where and with whom she preferred to live and her response would have been taken seriously. I assume that Sara chose her father.
There is a lot that goes on in a court case, and we outsiders can’t know every detail, so don’t have the full facts to judge.

maddyone Fri 24-Jan-25 15:13:05

Yes FGT, I think that’s exactly right. I did a quick google search which brought up the Guardian article, but my feelings are exactly the same as yours. As I said upthread, it does all depend on the evidence that is presented to the judge/judges (I’m unsure why there were three judges in this case) and judges can only make a judgment on the evidence that they hear.
There were multiple failings in this case, which eventually caused this poor little girl to lose her life in an abhorrent manner.
The main reason though is that her father is/was a vile bully.

maddyone Fri 24-Jan-25 15:14:12

silverlining48

Assume Sara would have had a guardian ad litem to speak in court on her behalf, whose recommendation would be taken seriously.
Sara too will also have been spoken to privately by the judge. She would have been asked where and with whom she preferred to live and her response would have been taken seriously. I assume that Sara chose her father.
There is a lot that goes on in a court case, and we outsiders can’t know every detail, so don’t have the full facts to judge.

Exactly silverlining.

Chocolatelovinggran Fri 24-Jan-25 15:14:15

The difficulty is, of course, as everyone has said, that these abusive people can be exceptionally good at manipulation.
There was a case a few years ago, of a child removed from her violent father, and non protective mother. The grandparents cared for her devotedly for quite some time.
The father kicked up a huge fuss, including appearances on television, saying how wronged he had been.
An appeal judge handed her back to her parents, with apologies for their mis- treatment at the hands of social workers and the judiciary.
The child was dead, at her father's hands, within the year.

FriedGreenTomatoes2 Fri 24-Jan-25 15:21:15

There’s an old saying … “even a bad parent is a good parent - to a child”.
😢

Wyllow3 Fri 24-Jan-25 15:42:15

Silverlining has shown to me how easy it was to reach what we now know was profoundly the wrong decision. Named or not, I see no gain in seeking to blame the judges in retrospect.

What we have, as pointed out above, is a system not able to adequately meet the needs of children at the moment, and it has been that way for some considerable time.

It will take a good deal of repairing, but I also feel that we should offer those who day after day Do get things right for children our thanks and support, for all we hear is when things go wrong.

Ilovecheese Fri 24-Jan-25 17:22:32

I don't see any benefit in naming the judges. What I would like to know, though, is do family court judges receive any specific training about how to avoid being manipulated by abusive parents? Do they have in depth interviews with the parents? If all they do is follow advice given to them by social workers what are they there for?

Allira Fri 24-Jan-25 17:40:35

woodenspoon

People feel that by hiding under the cloak of anonymity means a lack of accountability. That’s part of it. Also, if these judges make catastrophic errors in their judgements the fact they will be named may make some focus their minds and a different result may happen. It would be better if they were removed from their duties. I’m not sure naming them is the answer. Accountability is.

It would be better if they were removed from their duties

I'm inclined to agree.
They do need to be accountable and at the moment the Family Courts seem accountable to no-one.

maddyone Fri 24-Jan-25 17:44:38

Family Court receive a lot of training, both before they begin to make judgements, and then ongoing training afterwards. They receive all the information before the case comes to court so that they can read about the case, and then they hear further evidence and statements in court. They normally deliver their judgment days, or weeks after the court case.

maddyone Fri 24-Jan-25 17:46:09

Why are the Family Courts accountable to no one?
All judgements can be appealed. Who should judges be accountable to?

Bridie22 Fri 24-Jan-25 18:57:27

Judges should be accountable to the public as they serve the public.

Wyllow3 Fri 24-Jan-25 19:33:13

Accountable to a system within the judiciary, the public, decisions can be appealed, and complaints can be lodged.

2 out of the 3 judges are retired now.

I don't imagine there is a single family court judge unaware of this case and its consequences.

Barleyfields Fri 24-Jan-25 19:49:01

Really? What a coincidence.

maddyone Fri 24-Jan-25 23:55:21

Family Court judges, like all other judges, are accountable to senior judges. There are several layers of judge seniority. They are also accountable to The Judicial Conduct Investigations Office which supports the Lord Chancellor and the Lady Chief Justice.
But primarily judges are accountable through the appeal process, where judgements are looked at again, and sometimes a new judgment is made through appeal.

Wyllow3 Sat 25-Jan-25 00:08:54

Barleyfields

Really? What a coincidence.

Yes really checked out in 2 news sources including sky

keepingquiet Sat 25-Jan-25 00:15:54

The FCS needs a complete overhaul. Having been though it I know it is not fit for purpose. There needs to be greater transparency. At the moment judges go on the recommendations of Caffcass almost without question. To be honest once the cafcass report has been written the judges have little to do but rubber stamp it. The judges may as well not be there...

nanna8 Sat 25-Jan-25 01:24:51

I thought all that stuff was in the public domain. I have never heard of judges being given anonymity. Sounds very dodgy to me.

keepingquiet Sat 25-Jan-25 08:19:53

Family court has been allowed to have journalists present as part of a pilot scheme which I believe is being rolled out elsewhere.

I think it is not much more than a token gesture though, as the media won't pay staff to go sit in on these cases.

People attending family court are warned not to breach confidentiality so no one is allowed to discuss details with anyone.

They are very pressurised and secretive places. If people were allowed in they would be shocked.