A Local Authority v M & Ors [2022] EWHC 81 (Fam) (11 March 2022)

A Local Authority v M & Ors [2022] EWHC 81 (Fam) (11 March 2022)

The court found, on the balance of probabilities, that the father perpetrated regular physical and verbal abuse against the mother and K, both before and after arrival in the UK, consistent with the norms of the sect. The court did not find sufficient evidence to conclude that the father raped the mother. The children are at risk of forced marriage and FGM due to the sect's practices, but not directly from the father, who is not found to be currently under the sect's influence. The evidence supports the making of protection orders for the children.

Citation
[2022] EWHC 81 (Fam)
Parties
Applicant: A Local Authority; 1st Respondent: M; 2nd Respondent: A; 3rd Respondent: K; 4th to 6th Respondents: M, M & K (through their children's guardian); Special Advocate for the First Respondent: Zubair Ahmad QC
Jurisdiction
England and Wales
Judgment Date
11 March 2022
Procedural Posture
Fact Finding Hearing (family Law) / Post Hearing Judgment
Outcome
Findings of fact made; protection orders justified.
Legal Topics
Forced Marriage Protection Orders, Female Genital Mutilation Protection Orders, Domestic Abuse, Coercive and Controlling Behaviour, Fact Finding Hearings, Special Measures for Vulnerable Witnesses
Family Law Child Protection Human Rights Forced Marriage Protection Orders Female Genital Mutilation Protection Orders Domestic Abuse Coercive and Controlling Behaviour Fact Finding Hearings +1 more

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Parties

A Local Authority

Applicant

M

1st Respondent

A

2nd Respondent

K

3rd Respondent

M, M & K (through their children's guardian)

4th to 6th Respondents

Zubair Ahmad QC

Special Advocate for the First Respondent

Procedural Posture

Fact Finding Hearing (family Law) / Post Hearing Judgment

Legal Issues

  1. 1 Whether the children are at risk of forced marriage and FGM due to the practices of the sect and/or the father
  2. 2 Whether the father perpetrated domestic abuse, including physical, verbal, and sexual violence, against the mother and children
  3. 3 Whether the father remains under the influence of the sect and poses ongoing risk

Ratio Decidendi

The court found, on the balance of probabilities, that the father perpetrated regular physical and verbal abuse against the mother and K, both before and after arrival in the UK, consistent with the norms of the sect. The court did not find sufficient evidence to conclude that the father raped the mother. The children are at risk of forced marriage and FGM due to the sect's practices, but not directly from the father, who is not found to be currently under the sect's influence. The evidence supports the making of protection orders for the children.

Court Disposition

Findings of fact made; protection orders justified.

Orders

  • Forced Marriage Protection Orders (FMPOs) for the four youngest children
  • Female Genital Mutilation Protection Order (FGMPO) for the youngest child