MAS v ZK & Ors

MAS v ZK & Ors

The court holds that, in cases involving children at risk of forced marriage abroad, the local authority is usually the primary body to investigate and facilitate repatriation, with the FCDO/FMU providing facilitative support and country-specific advice. The FCDO is not obliged to lead or conduct investigations or repatriations except in truly exceptional circumstances at the Foreign Secretary’s discretion. The roles of all agencies must be determined on a case-by-case basis, with early multi-agency engagement and judicial directions as needed.

Parties
Applicant: MAS; Respondent: ZK; Respondent: A A S; Respondent: London Borough of Brent
Jurisdiction
England and Wales
Judgment Date
08 July 2024
Procedural Posture
Family / Judicial Observations Following Conclusion of Proceedings
Outcome
Judicial observations and guidance issued; no new orders made.
Legal Topics
Forced Marriage, Wardship, Repatriation of Children, Jurisdiction, Multi Agency Safeguarding, Consular Assistance
Family Law Child Protection International Law Forced Marriage Wardship Repatriation of Children Jurisdiction Multi Agency Safeguarding +1 more

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Parties

MAS

Applicant

ZK

Respondent

A A S

Respondent

London Borough of Brent

Respondent

Procedural Posture

Family / Judicial Observations Following Conclusion of Proceedings

Legal Issues

  1. 1 Which UK authority should investigate facts and repatriate a child at risk of forced marriage abroad
  2. 2 Role and limits of FCDO, FMU, local authorities, and police in forced marriage cases involving children overseas
  3. 3 Appropriate procedural framework for multi-agency cooperation in such cases

Ratio Decidendi

The court holds that, in cases involving children at risk of forced marriage abroad, the local authority is usually the primary body to investigate and facilitate repatriation, with the FCDO/FMU providing facilitative support and country-specific advice. The FCDO is not obliged to lead or conduct investigations or repatriations except in truly exceptional circumstances at the Foreign Secretary’s discretion. The roles of all agencies must be determined on a case-by-case basis, with early multi-agency engagement and judicial directions as needed.

Court Disposition

Judicial observations and guidance issued; no new orders made.