Our articles are written by experts in their field and include barristers, solicitors, judges, mediators, academics and professionals from a range of related disciplines. Family Law provides a platform for debate for all the important topics, from divorce and care proceedings to transparency and access to justice. If you would like to contribute please email emma.reitano@lexisnexis.co.uk.
Spotlight
A day in the life Of...
Read on

NSPCC and others respond to the Sara Sharif verdict

Date:16 DEC 2024
Third slide

On 11 December 2024 the CPS announced that Urfaqn Sharif, father of Sara Sharif, a ten year old girl, and stepmother, Beinash Batool, had been convicted of her murder.

Sara’s uncle, Faisal Malik, who was living in the house at the time, was convicted of causing or allowing the death of a child. The prosecution case was that the trio were all complicit in causing her death.

The jury at the Old Bailey heard that Sara was a victim of assaults and abuse for weeks with injuries including fractures, burns, bruising and a traumatic head injury. Such was the severity of her injuries leading up to her death, the post mortem concluded that Sara died from complications from multiple injuries and neglect and could not give a definitive cause of death.

After Sara died at the family home in Byfleet, Surrey on 8 August, Sara’s step mother Beinash Batool called a travel agency to enquire about flights to Pakistan. Her father Urfan Sharif eventually booked the one-way flights for the next day, and when asked why they were so urgent, he claimed his cousin had died.

Urfan called police on 10 August, saying he had “legally punished” Sara and she had died, before claiming he had beaten her, but not intended to kill her.

Police found Sara’s body in the family home with a note written by Urfan, saying he had killed her and had “lost it”. The trio returned to the UK on 13 September 2023 and they were arrested on arrival in the UK from Pakistan.

Sharif, Batool and Malik all accepted that the abuse to Sara took place within the family home in the weeks leading up to her death, but all denied murdering her.

Timelines were produced to account for the whereabouts of each defendant hour by hour and day by day during the relevant period, which used mobile phone evidence, Malik’s work record, the location data for Sharif’s car and usage of bank cards. This helped to evidence who was in the house at any time and when each of the three defendants was responsible for Sara’s care.

The court also heard evidence from neighbours of shouting and screaming, including a “single high-pitched scream” two days before Sara’s death, which was described as sounding like a scream of someone in pain.

Sara started to wear a hijab to school from January 2023, which hid much of her face. In March 2023, the school noticed bruising to her face, which was only visible when the hijab moved away from her face.  Just a month later, Urfan emailed the school to say Sara would be home schooled with immediate effect.

Libby Clark from the Crown Prosecution Service said: “Sara was a happy, outgoing and lively child described as always laughing, who was cruelly abused and murdered by those closest to her. None of us can imagine how appalling and brutal Sara’s treatment was in the last few weeks of her short life. The injuries inflicted on her were absolutely horrendous. After Sara died, instead of calling 999, the three defendants immediately made plans to flee the country, thinking only of themselves and not telling police Sara was dead until they had safely landed in Pakistan. We were able to build a strong case, showing where each defendant was in the weeks running up to Sara’s death using mobile phone evidence, CCTV sightings and work records. In a small house with such a big family, it would have been immediately obvious to all the adults what was happening to Sara. Yet none of them took any action to stop it or report it. They all played their part in the violence that led to her tragic death. This was a complex case with much liaison with foreign authorities and our CPS international unit played a significant role in helping us to prosecute this case successfully. We have today secured justice for Sara, a bubbly young girl, who was killed by the adults who should have protected her”.

Financial Remedies Handbook
Financial Remedies Handbook
Formerly entitled the Ancillary Relief Handbook...
£91.99
Family Law Reports
Family Law Reports
"The unrivalled and authoritative source of...
£509.99
Family Court Practice, The
Family Court Practice, The
Order the 2024 edition
£807.99

The Children's Commissioner has responded: " Sara Sharif was killed by the people in her life that should have loved her the most – and they must now face the consequences of that terrible act. Her death is a heartbreaking reminder of the profound weaknesses in our child protection system that, as a country, we have failed time and time again to correct. We have been here before – and each time we have said ‘never again’. What haunts me the most about Sara’s death is that her father used the words ‘I legally punished my child’, believing this to be a defence to murder. It is unthinkable that any parent or carer could hide behind our legal system to justify such cruelty – and yet, children living in England today have less protection from assault than adults. The law needs to change. The outdated defence in assault law that permits ‘reasonable chastisement’ of children must be removed as a matter of urgency, through the Children’s Wellbeing Bill being introduced to Parliament imminently. Sara’s death must also bring about an immediate shift in how we protect children like her. Schools, so often the place where vulnerable children are identified and protected, must be made the fourth statutory safeguarding partners with the police, social care and health services. We need proper oversight of children being educated at home, through the long-promised register of children not in school and by requiring councils to sign off on home educating requests for some of the most vulnerable children. This must go hand in hand with better data sharing by services and the introduction of a unique ID for every child. There can be no doubt that Sara was failed in the starkest terms by the safety net of services around her. Even before she was born, she was known to social care – and yet she fell off their radar so entirely that by the time she died, she was invisible to them all. We can have no more reviews, no more strategies, no more debate. When we say ‘never again’, we have to mean it – let that be Sara’s legacy."

The NSPCC have also responded: "Sara Sharif was repeatedly assaulted and tortured before being finally murdered by her father and step-mother in what was an absolutely shocking case of brutal and prolonged abuse. Her uncle was aware of the horrors she was being subjected to but did nothing to save her. Our thoughts go out to all those who loved and cared for Sara in a life that was marked by so much pain and suffering. What this little girl endured over several years raises crucial questions about what more could have been done to protect her and important issues regarding child safeguarding. It is vital that the Child Safeguarding Practice Review identifies any ways in which Sara could have been better protected, in an effort to prevent such tragedies from happening in the future. This terrible case has also highlighted the ambiguity of the current legal position in England around the physical punishment of children. It is disturbing that Urfan Sharif believed – and told police - that he ‘did legally punish’ Sara for being naughty. Politicians at Westminster must move swiftly to abolish the defence of ‘reasonable chastisement’ and give children the same protection from assault as adults.”

 

Categories:
News