A Local Authority v AG [2020] EWFC 18 (16 March 2020)

A Local Authority v AG [2020] EWFC 18 (16 March 2020)

The Family Court has no jurisdiction to proceed with care proceedings against a serving diplomat and his family due to the absolute diplomatic immunity conferred by the Vienna Convention on Diplomatic Relations 1961, as enacted by the Diplomatic Privileges Act 1964. The exceptions to immunity are exhaustive and do not include child protection proceedings. Section 3 of the Human Rights Act 1998 cannot be used to interpret the Act so as to create a new exception, as this would go beyond the limits of statutory interpretation and violate the principle of uniformity in international law.

Citation
[2020] EWFC 18
Parties
Applicant: A Local Authority; 1st Respondent: AG; 2nd Respondent: DG; 3rd Respondents: SG, GG & AG (through their Children's Guardian)
Jurisdiction
England and Wales
Judgment Date
16 March 2020
Procedural Posture
Care Proceedings Under Part IV Children Act 1989 / Interlocutory Judgment on Diplomatic Immunity and Jurisdiction
Outcome
Proceedings stayed due to diplomatic immunity; not dismissed.
Legal Topics
Diplomatic Immunity, Child Protection, Jurisdiction, Interpretation of Statutes, Human Rights Act 1998, Children Act 1989
Family Law Public International Law Human Rights Diplomatic Immunity Child Protection Jurisdiction Interpretation of Statutes Human Rights Act 1998 +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 18 Party arguments 2
Sign in to unlock

Parties

A Local Authority

Applicant

AG

1st Respondent

DG

2nd Respondent

SG, GG & AG (through their Children's Guardian)

3rd Respondents

Procedural Posture

Care Proceedings Under Part IV Children Act 1989 / Interlocutory Judgment on Diplomatic Immunity and Jurisdiction

Legal Issues

  1. 1 Whether diplomatic immunity prevents the Family Court from making care orders to protect children of a serving diplomat
  2. 2 Whether the Diplomatic Privileges Act 1964 (incorporating the Vienna Convention) can be interpreted compatibly with the Human Rights Act 1998 to allow such proceedings

Ratio Decidendi

The Family Court has no jurisdiction to proceed with care proceedings against a serving diplomat and his family due to the absolute diplomatic immunity conferred by the Vienna Convention on Diplomatic Relations 1961, as enacted by the Diplomatic Privileges Act 1964. The exceptions to immunity are exhaustive and do not include child protection proceedings. Section 3 of the Human Rights Act 1998 cannot be used to interpret the Act so as to create a new exception, as this would go beyond the limits of statutory interpretation and violate the principle of uniformity in international law.

Court Disposition

Proceedings stayed due to diplomatic immunity; not dismissed.

Orders

  • Proceedings under Part IV of the Children Act 1989 stayed pending possible waiver of diplomatic immunity by the foreign government.
  • Order to record the agreements made by the parents not to use physical punishment, not to discuss the case with the children, to cooperate with the Local Authority, and to allow visits by social workers.