G (A Child - Female Genital Mutilation) [2017] EWFC B106 (31 October 2017)

G (A Child - Female Genital Mutilation) [2017] EWFC B106 (31 October 2017)

Given the admitted history of FGM on G's siblings, the parents' prior beliefs, lack of cooperation with medical examinations, and the ongoing risk (even if low), the court finds that only a formal FGM Protection Order provides adequate protection for G. Undertakings are insufficient due to disguised compliance and cultural pressures. The order is necessary and proportionate to safeguard G from the risk of FGM.

Citation
[2017] EWFC B106
Parties
Applicant: Local Authority; Person to Be Protected: G (a baby); Respondents: G's parents
Jurisdiction
England and Wales
Judgment Date
31 October 2017
Procedural Posture
Application for Female Genital Mutilation (fgm) Protection Order / Final Hearing and Judgment
Outcome
FGM Protection Order continued until further order.
Legal Topics
Female Genital Mutilation, FGM Protection Orders, Child Welfare, Parental Responsibility, Cultural Practices and the Law
Family Law Child Protection Human Rights Female Genital Mutilation FGM Protection Orders Child Welfare Parental Responsibility Cultural Practices and the Law

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Parties

Local Authority

Applicant

G (a baby)

Person to Be Protected

G's parents

Respondents

Procedural Posture

Application for Female Genital Mutilation (fgm) Protection Order / Final Hearing and Judgment

Legal Issues

  1. 1 Whether an FGM Protection Order should be continued to protect G from risk of FGM
  2. 2 Whether findings should be made regarding past FGM on G's siblings and parental attitudes
  3. 3 Whether undertakings by parents are sufficient or a formal order is necessary

Ratio Decidendi

Given the admitted history of FGM on G's siblings, the parents' prior beliefs, lack of cooperation with medical examinations, and the ongoing risk (even if low), the court finds that only a formal FGM Protection Order provides adequate protection for G. Undertakings are insufficient due to disguised compliance and cultural pressures. The order is necessary and proportionate to safeguard G from the risk of FGM.

Court Disposition

FGM Protection Order continued until further order.

Orders

  • The FGM Protection Order made by His Honour Judge Allweis is continued to protect G.
  • Leave granted to disclose the order to the police, family general practitioner, and passport agency.