AG (Welfare: FMPO), Re

AG (Welfare: FMPO), Re

The court finds insufficient evidence to conclude AG was forced to marry in 2019 due to lack of proper investigation, but the marriage was not free from family influence. There is ongoing risk of parental coercion, but no clear evidence of immediate risk of forced marriage. The care plan is robust and in AG's best interests, and restrictions do not amount to deprivation of liberty as AG has capacity and is not under continuous supervision and control. The inherent jurisdiction is invoked to regulate contact to support AG's autonomy and capacity. The FMPO is extended for 6 months pending further risk assessment.

Parties
Applicant: Luton Borough Council; 1st Respondent: Mr G; 2nd Respondent: Mrs G; 3rd Respondent: HG; 4th Respondent: AG
Jurisdiction
England and Wales
Judgment Date
15 April 2024
Procedural Posture
Welfare and Forced Marriage Protection Order / Final Hearing and Judgment
Outcome
FMPO extended for 6 months; care plan approved; no deprivation of liberty order; inherent jurisdiction invoked to regulate contact.
Legal Topics
Forced Marriage Protection, Deprivation of Liberty, Capacity Assessment, Best Interests, Inherent Jurisdiction, Article 3 and Article 8 ECHR
Family Law Mental Capacity Human Rights Forced Marriage Protection Deprivation of Liberty Capacity Assessment Best Interests Inherent Jurisdiction +1 more

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 5 Authorities cited 13 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Luton Borough Council

Applicant

Mr G

1st Respondent

Mrs G

2nd Respondent

HG

3rd Respondent

AG

4th Respondent

Procedural Posture

Welfare and Forced Marriage Protection Order / Final Hearing and Judgment

Legal Issues

  1. 1 Whether AG was forced into marriage in 2019
  2. 2 Whether AG is at risk of being forced into marriage in the future
  3. 3 Whether AG's current care arrangements amount to a deprivation of liberty

Ratio Decidendi

The court finds insufficient evidence to conclude AG was forced to marry in 2019 due to lack of proper investigation, but the marriage was not free from family influence. There is ongoing risk of parental coercion, but no clear evidence of immediate risk of forced marriage. The care plan is robust and in AG's best interests, and restrictions do not amount to deprivation of liberty as AG has capacity and is not under continuous supervision and control. The inherent jurisdiction is invoked to regulate contact to support AG's autonomy and capacity. The FMPO is extended for 6 months pending further risk assessment.

Court Disposition

FMPO extended for 6 months; care plan approved; no deprivation of liberty order; inherent jurisdiction invoked to regulate contact.

Orders

  • Interim Forced Marriage Protection Order extended for 6 months with directions for risk assessment and engagement with family.
  • Care plan and risk assessment dated 22 January 2024 approved as in AG's best interests.