Menu My portfolio: 0

Court makes final care order in case where children and mother had lost their entitlement to diplomatic privileges and immunities

A Local Authority v X & Ors [2018] EWHC 874 (Fam)

Related Member(s):
Hugh Southey QC
Related Practice Area(s):
Public and Private International Law
Court:

The key issues in this case “fell into two categories: the first concerned the court’s jurisdiction to make final care orders in respect of children if those children continued to have diplomatic immunity by reason of their mother’s employment in the X High Commission; the second comprised classic welfare issues in public law children proceedings where the threshold criteria have been satisfied, namely (a) whether the children could be safely returned to the care of their mother; (b) if not, what their alternative placements should be; and (c) what if any public law orders should buttress the court’s decision on welfare. All the parties were in agreement that the court had no jurisdiction to make public law orders with respect to D as he was now over the age of 17. D had returned to the care of his mother on 3 Jul 2017 and was no longer the subject of any interim public law order”.

Knowles J concluded that the Court did indeed have “have the jurisdiction to make final care orders in respect of these children, all of whom [had] lost their entitlement to diplomatic privileges and immunities as [had] their mother”. It ruled that the local authority would “need to “undertake an intense period of work with both mother and the children so that they may return to her care as soon as possible”.

Hugh Southey QC was involved in this case.