A Local Authority v M & N (Female Genital Mutilation Protection Order - FGMPO)

A Local Authority v M & N (Female Genital Mutilation Protection Order - FGMPO)

The court found that N faces a real and immediate risk of FGM if removed to Sudan, and the mother’s determination to protect N is insufficient given cultural and familial pressures. The State’s absolute duty under Article 3 ECHR requires proactive measures to protect N, which cannot be discharged by relying solely on parental resolve. Therefore, the application for a Female Genital Mutilation Protection Order prohibiting N’s removal from the UK is granted.

Parties
Applicant: A local Authority; Respondent: M; Respondent: N (a child acting by her Children’s Guardian)
Jurisdiction
England and Wales
Judgment Date
19 April 2018
Procedural Posture
Application for Female Genital Mutilation Protection Order / Judgment
Outcome
Application granted
Legal Topics
Female Genital Mutilation Protection Orders, Article 3 ECHR, Article 8 ECHR, Parental Responsibility, International Child Protection
Family Law Human Rights Law Child Protection Female Genital Mutilation Protection Orders Article 3 ECHR Article 8 ECHR Parental Responsibility International Child Protection

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Parties

A local Authority

Applicant

M

Respondent

N (a child acting by her Children’s Guardian)

Respondent

Procedural Posture

Application for Female Genital Mutilation Protection Order / Judgment

Legal Issues

  1. 1 Whether the court should grant a Female Genital Mutilation Protection Order prohibiting N's removal from the UK
  2. 2 Whether the risk to N of FGM in Sudan is real and immediate
  3. 3 Balancing N's Article 3 rights against the Article 8 rights of the family

Ratio Decidendi

The court found that N faces a real and immediate risk of FGM if removed to Sudan, and the mother’s determination to protect N is insufficient given cultural and familial pressures. The State’s absolute duty under Article 3 ECHR requires proactive measures to protect N, which cannot be discharged by relying solely on parental resolve. Therefore, the application for a Female Genital Mutilation Protection Order prohibiting N’s removal from the UK is granted.

Court Disposition

Application granted

Orders

  • Female Genital Mutilation Protection Order prohibiting N’s removal from the United Kingdom