London Borough of Brent v S [2009] EWHC 1593 (Fam) (03 July 2009)

London Borough of Brent v S [2009] EWHC 1593 (Fam) (03 July 2009)

The injunction prohibiting S from leaving the jurisdiction is not in his best interests. The risks of travel to Pakistan, while real, are outweighed by the powerful personal factors in S's case, including his emotional needs and the limited opportunity to travel before turning 18. The potential immigration risks are not significant enough to justify continued restriction. The local authority acted appropriately in seeking the court's decision, but the injunction should be lifted and S's passport returned.

Citation
[2009] EWHC 1593 (Fam)
Parties
Petitioner: London Borough of Brent; Defendant: S
Jurisdiction
England and Wales
Judgment Date
03 July 2009
Procedural Posture
Application Under Inherent Jurisdiction (family Division) / Judgment After Contested Hearing
Outcome
Injunction prohibiting S from leaving the jurisdiction discharged; passport to be returned to S.
Legal Topics
Inherent Jurisdiction, Children in Care, Travel Restrictions, Best Interests of the Child, Discretionary Leave to Remain, Local Authority Duties
Family Law Immigration Law Child Law Inherent Jurisdiction Children in Care Travel Restrictions Best Interests of the Child Discretionary Leave to Remain +1 more

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Parties

London Borough of Brent

Petitioner

S

Defendant

Procedural Posture

Application Under Inherent Jurisdiction (family Division) / Judgment After Contested Hearing

Legal Issues

  1. 1 Whether the injunction prohibiting S from leaving the jurisdiction should be continued
  2. 2 Whether it is in S's best interests to travel to Pakistan to search for his family
  3. 3 Potential immigration consequences of S's travel

Ratio Decidendi

The injunction prohibiting S from leaving the jurisdiction is not in his best interests. The risks of travel to Pakistan, while real, are outweighed by the powerful personal factors in S's case, including his emotional needs and the limited opportunity to travel before turning 18. The potential immigration risks are not significant enough to justify continued restriction. The local authority acted appropriately in seeking the court's decision, but the injunction should be lifted and S's passport returned.

Court Disposition

Injunction prohibiting S from leaving the jurisdiction discharged; passport to be returned to S.

Orders

  • Order prohibiting S from leaving the jurisdiction is discharged.
  • S's passport to be returned forthwith to his solicitor for delivery to S.