A Local Authority v AG

A Local Authority v AG

Diplomatic immunity under the Vienna Convention and Diplomatic Privileges Act 1964 prevents the court from proceeding with care order applications against a serving diplomat and his family, as none of the statutory exceptions apply and the court cannot 'read in' an exception for child protection without violating the natural meaning of the statute.

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 Order Proceedings / Ruling on Diplomatic Immunity and Stay of Proceedings
Outcome
Proceedings stayed due to diplomatic immunity; not dismissed pending possible waiver by the foreign government.
Legal Topics
Diplomatic Immunity, Child Protection, Care Orders, Interpretation of Statutes, Human Rights Act Compatibility
Family Law International Law Human Rights Law Diplomatic Immunity Child Protection Care Orders Interpretation of Statutes Human Rights Act Compatibility

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Parties

A Local Authority

Applicant

AG

1st Respondent

DG

2nd Respondent

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

3rd Respondents

Procedural Posture

Care Order Proceedings / Ruling on Diplomatic Immunity and Stay of Proceedings

Legal Issues

  1. 1 Whether diplomatic immunity prevents care order proceedings against a serving diplomat and his family
  2. 2 Whether the Diplomatic Privileges Act 1964 can be interpreted to allow child protection proceedings despite immunity
  3. 3 Compatibility of diplomatic immunity with the European Convention on Human Rights

Ratio Decidendi

Diplomatic immunity under the Vienna Convention and Diplomatic Privileges Act 1964 prevents the court from proceeding with care order applications against a serving diplomat and his family, as none of the statutory exceptions apply and the court cannot 'read in' an exception for child protection without violating the natural meaning of the statute.

Court Disposition

Proceedings stayed due to diplomatic immunity; not dismissed pending possible waiver by the foreign government.

Orders

  • Proceedings stayed; may be revived if diplomatic immunity is waived by the foreign government.
  • Order records agreements by parents not to hit children, not to discuss case details with children, to cooperate with Local Authority, and to allow school and home visits by social workers.