Sheffield City Council v M & Ors.

Sheffield City Council v M & Ors.

The evidence, including closed material scrutinised by a Special Advocate, establishes that A and B remain at real and immediate risk of forced marriage if allowed to travel to Bangladesh with their father. F has lied about the reasons for travel and the intended duration, and the risk persists. Continued FMPOs and passport retention until age 21 are necessary and proportionate to protect A and B, with arrangements for temporary passport release subject to risk assessment. The use of a Special Advocate was justified and effective in ensuring fair process while protecting sources.

Parties
Applicant: Sheffield City Council; First Respondent: M; Second Respondent: F; Third Respondent (by Children’s Guardian): A; Fourth Respondent (by Children’s Guardian): B
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Family Law Forced Marriage Protection Order / Judgment After Contested Hearing With Closed and Open Evidence
Outcome
FMPOs and passport retention orders continued until A and B reach age 21.
Legal Topics
Forced Marriage Protection Orders, Passport Retention, Closed Evidence, Special Advocate Procedure, Article 3 ECHR, Article 6 ECHR, Article 8 ECHR
Family Law Human Rights Forced Marriage Protection Orders Passport Retention Closed Evidence Special Advocate Procedure Article 3 ECHR Article 6 ECHR +1 more

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Parties

Sheffield City Council

Applicant

M

First Respondent

F

Second Respondent

A

Third Respondent (by Children’s Guardian)

B

Fourth Respondent (by Children’s Guardian)

Procedural Posture

Family Law Forced Marriage Protection Order / Judgment After Contested Hearing With Closed and Open Evidence

Legal Issues

  1. 1 Whether FMPOs and passport retention orders should be continued for A and B until age 21
  2. 2 Whether closed evidence can be withheld from respondents and scrutinised by a Special Advocate
  3. 3 Assessment of risk of forced marriage if A and B travel to Bangladesh with F

Ratio Decidendi

The evidence, including closed material scrutinised by a Special Advocate, establishes that A and B remain at real and immediate risk of forced marriage if allowed to travel to Bangladesh with their father. F has lied about the reasons for travel and the intended duration, and the risk persists. Continued FMPOs and passport retention until age 21 are necessary and proportionate to protect A and B, with arrangements for temporary passport release subject to risk assessment. The use of a Special Advocate was justified and effective in ensuring fair process while protecting sources.

Court Disposition

FMPOs and passport retention orders continued until A and B reach age 21.

Orders

  • FMPOs for A and B to continue until each attains age 21.
  • Passports of A and B to be retained by authorities until each attains age 21, with arrangements for temporary release subject to risk assessment.