Jurisdiction(s):
United Kingdom

Inherent jurisdiction restrained: British child abroad, s100 CA 1989 gateway met but court declines orders; no LA statutory duties or assessments until return (EWHC, England and Wales)

Published on: 30 July 2024

Published by a LexisNexis Family expert

Legal News

Article summary

A Mother v A Local Authority and others [2024] EWHC 1658 (Fam)

What are the practical implications of this case?

The decision underlines that, even where the gateway in section 100(4) and (5) of the Children Act 1989 is satisfied, that does not of itself justify invoking the court’s inherent jurisdiction. The court stressed that questions of jurisdiction must be identified at the very start of proceedings, managed through proper procedure, and actively raised by judges even where the parties have not done so. In A Mother v A Local Authority and others, the court concluded the father posed a risk to the child, and the mother could not protect the child from him; accordingly, at the time of the application, the court had reasonable grounds to believe that, absent the exercise of the inherent jurisdiction, the child was likely to suffer significant harm. Here, the orders were directed to ensuring the child’s return so that public law proceedings could be commenced. The message is that satisfying the statutory threshold opens the door but does not compel its use; jurisdictional scrutiny is a discrete, essential preliminary issue requiring firm and transparent case management throughout. Such an assessment as a precursor...

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