M (Children) (Suspected Trafficking: Competent Authority), Re

M (Children) (Suspected Trafficking: Competent Authority), Re

There was a credible suspicion that the children were brought to the UK for an unlawful purpose, possibly trafficking, and the grandmother's account of the trip was not accepted as truthful. The threshold for interim care orders was met on an interim basis. The court declined to discharge the interim care order or return the children to the grandmother pending further enquiries by the Competent Authority and clarification from Namibian authorities. DNA evidence later confirmed the familial relationship, and the Competent Authority's negative conclusive grounds decision on trafficking ended the English court's role, with arrangements for the children's return to Namibia under Namibian...

Parties
Applicant / Local Authority: Solihull Metropolitan Borough Council; Respondent / Mother: Mother (name withheld for anonymity); Respondent / Father: Father (name withheld for anonymity); Respondent / Grandmother: Grandmother (name withheld for anonymity); Subject Children: Children (JM and EM, names withheld for anonymity); Intervenor: Competent Authority, National Referral Mechanism (NRM) / Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
02 March 2017
Procedural Posture
Care Proceedings Under the Children Act 1989 / Interim Judgment With Postscript Following Further Hearing and Final Directions
Outcome
Interim care order continued pending further enquiries; later, following DNA confirmation and negative trafficking findings, arrangements made for return of children to Namibia and conclusion of English proceedings.
Legal Topics
Child Trafficking, Jurisdiction Under Brussels II Revised (biir), Interim Care Orders, Return of Children to Country of Habitual Residence, Role of Competent Authority in Trafficking Cases, Guardianship and Parental Responsibility, International Cooperation in Child Welfare
Family Law Child Protection International Law Immigration Law Child Trafficking Jurisdiction Under Brussels II Revised (biir) Interim Care Orders Return of Children to Country of Habitual Residence +3 more

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Parties

Solihull Metropolitan Borough Council

Applicant / Local Authority

Mother (name withheld for anonymity)

Respondent / Mother

Father (name withheld for anonymity)

Respondent / Father

Grandmother (name withheld for anonymity)

Respondent / Grandmother

Children (JM and EM, names withheld for anonymity)

Subject Children

Competent Authority, National Referral Mechanism (NRM) / Secretary of State for the Home Department

Intervenor

Procedural Posture

Care Proceedings Under the Children Act 1989 / Interim Judgment With Postscript Following Further Hearing and Final Directions

Legal Issues

  1. 1 Whether the children were victims of trafficking or at risk of significant harm
  2. 2 Whether the threshold for interim care orders under section 31 Children Act 1989 was met
  3. 3 Jurisdiction of the English court under BIIR Article 20 and forum conveniens

Ratio Decidendi

There was a credible suspicion that the children were brought to the UK for an unlawful purpose, possibly trafficking, and the grandmother's account of the trip was not accepted as truthful. The threshold for interim care orders was met on an interim basis. The court declined to discharge the interim care order or return the children to the grandmother pending further enquiries by the Competent Authority and clarification from Namibian authorities. DNA evidence later confirmed the familial relationship, and the Competent Authority's negative conclusive grounds decision on trafficking ended the English court's role, with arrangements for the children's return to Namibia under Namibian...

Court Disposition

Interim care order continued pending further enquiries; later, following DNA confirmation and negative trafficking findings, arrangements made for return of children to Namibia and conclusion of English proceedings.

Orders

  • Children to remain in interim care pending further enquiries and hearing.
  • DNA testing ordered to confirm familial relationships.