M (Children), Re

M (Children), Re

The court has jurisdiction to make British children wards of court even when they are abroad, where their welfare is at risk, and may issue urgent ex parte orders and anti-tipping-off reporting restrictions to prevent frustration of its protective purpose. The orders were proportionate and necessary given the risk of significant harm and the rapidly evolving international situation.

Parties
Applicant Local Authority: Reading Borough Council; Parent/respondent: Asif Malik; Parent/respondent: Sara Kiran; Interested Party: Thames Valley Police
Jurisdiction
England and Wales
Judgment Date
20 May 2015
Procedural Posture
Wardship/inherent Jurisdiction / Interlocutory Orders and Directions
Outcome
Children made wards of court; reporting restriction order discharged; further directions for assessment and case management issued.
Legal Topics
Wardship Jurisdiction, Reporting Restriction Orders, Habitual Residence, International Child Abduction, Parental Responsibility, Ex Parte Applications, Anti Tipping Off Orders
Family Law Child Protection International Law Wardship Jurisdiction Reporting Restriction Orders Habitual Residence International Child Abduction Parental Responsibility +2 more

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Parties

Reading Borough Council

Applicant Local Authority

Asif Malik

Parent/respondent

Sara Kiran

Parent/respondent

Thames Valley Police

Interested Party

Procedural Posture

Wardship/inherent Jurisdiction / Interlocutory Orders and Directions

Legal Issues

  1. 1 Whether the English court has jurisdiction to make British children wards of court while abroad
  2. 2 Whether wardship jurisdiction can be exercised to protect children at risk of significant harm outside the jurisdiction
  3. 3 Appropriateness and necessity of reporting restriction (anti-tipping-off) orders in urgent child protection cases

Ratio Decidendi

The court has jurisdiction to make British children wards of court even when they are abroad, where their welfare is at risk, and may issue urgent ex parte orders and anti-tipping-off reporting restrictions to prevent frustration of its protective purpose. The orders were proportionate and necessary given the risk of significant harm and the rapidly evolving international situation.

Court Disposition

Children made wards of court; reporting restriction order discharged; further directions for assessment and case management issued.

Orders

  • Children to remain wards of court during their minority and until further order.
  • Parents and children to cooperate with local authority assessments.