X (Female Genital Mutilation Protection Order No.2), Re

X (Female Genital Mutilation Protection Order No.2), Re

Given the high contextual risk of FGM in Egypt, the lack of effective legal enforcement, and some concerns about the parents' and family's clarity and reliability, a worldwide travel ban remains justified. However, X's young age, the parents' and maternal grandfather's opposition to FGM, and the presence of specific safeguards (including the maternal grandfather's supervision and local NGO support) allow for a single, tightly controlled trip to Egypt for X to meet her father. The arrangement balances X's Article 3 and Article 8 rights and is proportionate, provided all undertakings and safeguards are strictly observed. Future travel must be reviewed in light of evolving risks.

Parties
Applicant Local Authority: Hertfordshire County Council; Respondent Mother: Mother; Respondent Father: Father; Children's Guardian: Guardian for X
Jurisdiction
England and Wales
Judgment Date
24 July 2019
Procedural Posture
Female Genital Mutilation Protection Order (fgmpo) Application / Final Judgment After Rehearing on Risk and Proportionality of Travel Ban
Outcome
FGM Protection Order granted with a worldwide travel ban, except for one supervised trip to Egypt under strict conditions and undertakings.
Legal Topics
Female Genital Mutilation (fgm), FGM Protection Orders, International Child Protection, Risk Assessment, Article 3 ECHR, Article 8 ECHR, Proportionality, Travel Restrictions, Safeguarding
Family Law Child Protection Human Rights Female Genital Mutilation (fgm) FGM Protection Orders International Child Protection Risk Assessment Article 3 ECHR +4 more

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Parties

Hertfordshire County Council

Applicant Local Authority

Mother

Respondent Mother

Father

Respondent Father

Guardian for X

Children's Guardian

Procedural Posture

Female Genital Mutilation Protection Order (fgmpo) Application / Final Judgment After Rehearing on Risk and Proportionality of Travel Ban

Legal Issues

  1. 1 Whether a worldwide travel ban for X is necessary and proportionate to protect her from risk of FGM if she travels to Egypt
  2. 2 Whether sufficient safeguards can be put in place to allow a short, supervised trip to Egypt
  3. 3 How to balance X's Article 3 rights (protection from inhuman or degrading treatment) with Article 8 rights (family life)

Ratio Decidendi

Given the high contextual risk of FGM in Egypt, the lack of effective legal enforcement, and some concerns about the parents' and family's clarity and reliability, a worldwide travel ban remains justified. However, X's young age, the parents' and maternal grandfather's opposition to FGM, and the presence of specific safeguards (including the maternal grandfather's supervision and local NGO support) allow for a single, tightly controlled trip to Egypt for X to meet her father. The arrangement balances X's Article 3 and Article 8 rights and is proportionate, provided all undertakings and safeguards are strictly observed. Future travel must be reviewed in light of evolving risks.

Court Disposition

FGM Protection Order granted with a worldwide travel ban, except for one supervised trip to Egypt under strict conditions and undertakings.

Orders

  • FGMPO to remain until X's 16th birthday unless varied or discharged.
  • General worldwide travel ban for X, except for one-week trip to Egypt with mother and maternal grandfather, subject to detailed undertakings and safeguards.