A Local Authority v A Mother & Anor (Alleged Honour Based Abuse), Re [2024] EWFC 177 (01 May 2024)

Source-derived case information.

Citation: [2024] EWFC 177
Parties: Applicant: A Local Authority; First Respondent: A Mother; Second Respondent: A Father; Third Respondent: B; Fourth Respondent: C; Fifth to Seventh Respondents: D, E, and F (Children's Guardian); Intervenor: G
Jurisdiction: England and Wales
Judgment Date: 01 May 2024
Procedural Posture: Care Proceedings / Forced Marriage Protection Orders / Final Judgment Following Fact Finding and Welfare Hearings
Outcome: Care orders made for the four subject children; approval of long-term foster care plans; continuation of Forced Marriage Protection Orders.
Legal Topics: Care Orders, Forced Marriage Protection Orders, Honour Based Abuse, Welfare of Children, Article 3 and Article 8 ECHR, Pashtunwali, Threshold Criteria

Family Law Child Protection Human Rights Care Orders Forced Marriage Protection Orders Honour Based Abuse Welfare of Children Article 3 and Article 8 ECHR +2 more

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Full judgment text Downloadable case file Legal principles 4 Authorities cited 20 Party arguments 2

Parties

A Local Authority

Applicant

A Mother

First Respondent

A Father

Second Respondent

Third Respondent

Fourth Respondent

D, E, and F (Children's Guardian)

Fifth to Seventh Respondents

Intervenor

Procedural Posture

Care Proceedings / Forced Marriage Protection Orders / Final Judgment Following Fact Finding and Welfare Hearings

Legal Issues

1 Whether the threshold for public law orders is met due to risk of honour based abuse and forced marriage
2 Whether the children are at risk of significant harm from their parents or wider family
3 Whether Forced Marriage Protection Orders should remain in force

Ratio Decidendi

The court found that the threshold for making care orders was met due to the risk of honour based abuse, excessive control, and the history of forced marriage allegations. The evidence, including the murder of the eldest sister and the family context, established a real and immediate risk of significant harm to the children. The welfare of the children required long-term foster care with continued protection via Forced Marriage Protection Orders. The orders were necessary and proportionate to protect the children from inhuman or degrading treatment, balancing their Article 3 and Article 8 rights.

Court Disposition

Care orders made for the four subject children; approval of long-term foster care plans; continuation of Forced Marriage Protection Orders.

Orders

Care orders for four children placing each in long-term foster care
Approval of care plans with provisions for family time

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