AB v AN & Anor

AB v AN & Anor

It is inappropriate to grant an FGMPO without hearing oral evidence from the Applicant, as the risk assessment turns on her credibility and evidence. Appointment of a Children's Guardian and experts is not necessary or proportionate given the facts and alignment of interests between Applicant and child. SSHD remains an appropriate Intervenor due to the overlap with immigration issues.

Parties
Applicant: AB; First Respondent: AN; Second Respondent: BN; Intervenor: THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Jurisdiction
England and Wales
Judgment Date
28 July 2020
Procedural Posture
Application for Female Genital Mutilation Protection Order / Interlocutory Judgment on Interim Applications
Outcome
Interim applications refused; case listed for final hearing.
Legal Topics
Female Genital Mutilation Protection Orders, Expert Evidence, Appointment of Children's Guardian, Intervention by Secretary of State, Interrelationship of Family and Immigration Proceedings
Family Law Child Protection Immigration Law Female Genital Mutilation Protection Orders Expert Evidence Appointment of Children's Guardian Intervention by Secretary of State Interrelationship of Family and Immigration Proceedings

Case Brief

Summary, issues, holding and outcome

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Parties

AB

Applicant

AN

First Respondent

BN

Second Respondent

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

Intervenor

Procedural Posture

Application for Female Genital Mutilation Protection Order / Interlocutory Judgment on Interim Applications

Legal Issues

  1. 1 Whether to grant an FGM Protection Order without oral evidence
  2. 2 Whether to appoint a Children's Guardian
  3. 3 Whether to appoint expert witnesses (social worker, FGM expert, psychiatrist)

Ratio Decidendi

It is inappropriate to grant an FGMPO without hearing oral evidence from the Applicant, as the risk assessment turns on her credibility and evidence. Appointment of a Children's Guardian and experts is not necessary or proportionate given the facts and alignment of interests between Applicant and child. SSHD remains an appropriate Intervenor due to the overlap with immigration issues.

Court Disposition

Interim applications refused; case listed for final hearing.

Orders

  • FGMPO not granted at this stage.
  • Children's Guardian not appointed.