Jurisdiction(s):
United Kingdom

MAS v ZK [2024] EWHC 1939 (Fam): clarifying local authority, FCDO, FMU and police roles in repatriating children at risk of forced marriage (England and Wales)

Published on: 17 September 2024

Published by a LexisNexis Family expert

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Article summary

MAS v ZK and others [2024] EWHC 1939 (Fam)

What are the practical implications of this case?

These remarks make clear that, in some situations, public authorities have delayed action when repatriation is needed for someone facing the risk of a forced marriage, in part due to uncertainty about the respective functions and duties of the various public bodies involved in such scenarios. Cusworth J stressed that agencies must understand their powers and obligations, and, once the position is identified, move without delay. In most matters, the local authority is pivotal, coordinating and directing the steps by which children and young people are kept, or made, safe, and it should become involved from the earliest stages without hesitation. He also underlined the importance of adaptability, as each case presents different features and may require a tailored approach. His intention was not to revise or alter the current guidance—he did not perceive any deficit in substantive guidance—but rather to bring it together to support better understanding and consistent application. Agencies should be clear about their remit, act promptly once risk is established, and ensure the local authority leads the safeguarding process from the outset.

What was the background?

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