Local Authority B v BD & Ors

Local Authority B v BD & Ors

On the balance of probabilities, BD is under the control of TS for some form of exploitation, meeting the broad definition of trafficking under Article 4 of the Warsaw Convention. Both parents' evidence is unreliable, and the circumstances point to involvement in criminality and trafficking, not merely a false asylum claim or conventional patriarchal control.

Parties
Applicant: Local Authority B; First Respondent: BD; Second Respondent: TS; Third Respondent: K (through her Child’s Guardian)
Jurisdiction
England and Wales
Judgment Date
18 February 2022
Procedural Posture
Care Proceedings / Fact Finding Hearing
Outcome
Findings of fact made; BD found to be under TS's control for exploitation; trafficking threshold met.
Legal Topics
Trafficking Definition, Burden of Proof, Credibility Assessment, Exploitation, Children Act Welfare
Family Law Child Protection Human Trafficking Trafficking Definition Burden of Proof Credibility Assessment Exploitation Children Act Welfare

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Parties

Local Authority B

Applicant

BD

First Respondent

TS

Second Respondent

K (through her Child’s Guardian)

Third Respondent

Procedural Posture

Care Proceedings / Fact Finding Hearing

Legal Issues

  1. 1 Whether BD is a victim of trafficking
  2. 2 Whether TS is involved in trafficking BD
  3. 3 Credibility of parties' evidence

Ratio Decidendi

On the balance of probabilities, BD is under the control of TS for some form of exploitation, meeting the broad definition of trafficking under Article 4 of the Warsaw Convention. Both parents' evidence is unreliable, and the circumstances point to involvement in criminality and trafficking, not merely a false asylum claim or conventional patriarchal control.

Court Disposition

Findings of fact made; BD found to be under TS's control for exploitation; trafficking threshold met.

Orders

  • Leave given for judgment to be reported with strict anonymity preserved.
  • Interim Care Order for K remains in place.