G (A Baby Girl : Female Genital Mutilation) [2018] EWFC B89 (12 January 2018)

G (A Baby Girl : Female Genital Mutilation) [2018] EWFC B89 (12 January 2018)

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 continuing FGM Protection Order can adequately protect G. Undertakings are insufficient due to disguised compliance and cultural pressures. Any risk of FGM is intolerable and requires judicial intervention.

Citation
[2018] EWFC B89
Parties
Applicant: Local Authority; Person to Be Protected: G (a baby girl); Respondents: G's Parents
Jurisdiction
England and Wales
Judgment Date
12 January 2018
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, Civil Injunctions
Family Law Child Protection Human Rights Female Genital Mutilation FGM Protection Orders Child Welfare Parental Responsibility Civil Injunctions

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 4 Authorities cited 9 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Local Authority

Applicant

G (a baby girl)

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 the risk and past acts of FGM in the family
  3. 3 Whether undertakings by parents are sufficient protection in lieu of an order

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 continuing FGM Protection Order can adequately protect G. Undertakings are insufficient due to disguised compliance and cultural pressures. Any risk of FGM is intolerable and requires judicial intervention.

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 until further order.
  • No further intervention regarding medical examination of the older children is ordered at this stage.