A recent High Court case imposed a 16 year travel ban on ‘X’, due to concerns that X is at risk of Female Genital Mutilation (FGM). The girl was born in 2016 to a white English mother and an Egyptian father. The father who currently resides in Egypt has been unable to join the mother and X in the UK because of issues with acquiring a visa. X’s mother expressed concern that her daughter may be at risk of FGM to a health visitor who made a referral to the Local Authority (LA).
The LA issued proceedings and the matter was heard in the High Court before Ms Justice Russell who made an FGM protection order (FGMPO) on 15 November 2017, prohibiting X’s parents from ‘removing, seeking to remove, or instructing or encouraging any other person to remove the child from the jurisdiction of England and Wales’ until 22 August 2032. The case was unique as the Judge made the order knowing that there was a chance the father would not see his child as he remained ineligible to apply for a visa.
FGM is where the female genitals are deliberately cut without any medical reason. The procedure is carried out for cultural, religious and social reasons in the mistaken belief that it will benefit the girl, e.g. to prepare for marriage or preserve virginity.
In addition to being extremely painful, FGM can cause life-long health problems. The practice is a criminal offence under Prohibition of Female Circumcision Act 1985 and it is illegal to take a girl out of the UK to have this done.
FGMPOs contain legally binding conditions to protect the person at risk. These came into force on 17 July 2015 and apply to England, Northern Ireland and Wales. Conditions include travel bans prohibiting the girl being taken abroad, prohibiting bringing a “cutter” to the UK to commit FGM and prohibiting the obtaining of a passport or other travel documents for the child.
This sends a clear message worldwide that courts will take extreme protective measures to stop the practice of FGM; in this case the court has taken a robust approach by imposing a travel ban on X until she turns 16.
The matter will soon be heard in the Court of Appeal as the parents are challenging the ruling.
Ravi Kaur Mahey, Duncan Lewis Childcare Director, specialises in child abduction and FGM cases. She holds advocacy for children and adults in the County and High Court and is a member of The Law Society Children Panel.
Contact Ravi on 020 3114 1102 or [email protected].
Duncan Lewis Childcare Department
Duncan Lewis’ Childcare team, recognised by Legal 500 2017, has extensive expertise representing vulnerable clients under legal aid, supporting families in care proceedings. Guardians appoint us to represent children in culturally complex care cases given our diverse ethnic workforce and experience dealing with vulnerable clients in physical/emotional abuse, drug/alcohol misuse, neglect, factitious illness, and non-accidental injury matters.
