A Local Authority v HB (Alleged Risk of Radicalisation and Abduction) [2017] EWHC 1437 (Fam) (26 May 2017)

A Local Authority v HB (Alleged Risk of Radicalisation and Abduction) [2017] EWHC 1437 (Fam) (26 May 2017)

The evidence does not establish, on the balance of probabilities, that the mother attempted to take the children to Syria, attempted to aid persons associated with the so called Islamic State, or holds extremist views. The mother's admitted lies are evidence of human frailty, not radicalisation or sympathy with an extremist cause. There is no credible evidence the children were exposed to extremist material or placed at risk of significant harm by the mother's actions.

Citation
[2017] EWHC 1437 (Fam)
Parties
Applicant: A Local Authority; First Respondent: HB; Second Respondent: MB; Third and Fourth Respondents: ML and BL (by their Children's Guardian)
Jurisdiction
England and Wales
Judgment Date
26 May 2017
Procedural Posture
Family Law Child Protection / Final Hearing
Outcome
Applications dismissed
Legal Topics
Radicalisation, Extremism, Removal From Jurisdiction, Children Act 1989, Wardship, Risk of Harm
Family Law Child Protection Inherent Jurisdiction Radicalisation Extremism Removal From Jurisdiction Children Act 1989 Wardship +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 2 Authorities cited 6 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

A Local Authority

Applicant

HB

First Respondent

MB

Second Respondent

ML and BL (by their Children's Guardian)

Third and Fourth Respondents

Procedural Posture

Family Law Child Protection / Final Hearing

Legal Issues

  1. 1 Whether the mother attempted to take the children to Syria
  2. 2 Whether the mother attempted to aid persons associated with the so called Islamic State
  3. 3 Whether the mother holds extremist views

Ratio Decidendi

The evidence does not establish, on the balance of probabilities, that the mother attempted to take the children to Syria, attempted to aid persons associated with the so called Islamic State, or holds extremist views. The mother's admitted lies are evidence of human frailty, not radicalisation or sympathy with an extremist cause. There is no credible evidence the children were exposed to extremist material or placed at risk of significant harm by the mother's actions.

Court Disposition

Applications dismissed

Orders

  • No orders under Part IV of the Children Act 1989
  • Wardship and passport orders discharged