KBH & Ors (Forced Marriage Protection Order : Persons To Be Protected Permanently Resident Abroad)

A solicitor cannot ordinarily bring forced marriage protection proceedings altruistically, without instructions from the persons named as applicants or a proper legal basis for representing them. Although jurisdiction based solely on British nationality may exist, it must be exercised with caution and circumspection, particularly where the protected persons have long lived abroad and have no recent connection with the United Kingdom. Where the Government seeks protection for British citizens abroad on that basis, it may be appropriate for the Government, acting through the Foreign and Commonwealth Office or Forced Marriage Unit, to apply directly.

Three British citizens, who had lived in Somalia for at least ten years, were named as applicants in proceedings seeking forced marriage protection orders. Their solicitor had no instructions from any of them. Applications were made to renew existing orders, protect a younger child, make three children wards of court, and require the mother to produce the children for welfare checks at the British Embassy in Addis Ababa.

The court considered whether the proceedings were properly constituted and whether any further orders should be made where the applicants were permanently resident abroad, had no recent connection with the United Kingdom, and were not instructing the solicitor.

1. Application refused. The court declined to renew or extend the existing forced marriage protection orders, make a further protection order, make wardship orders, or direct the mother to produce the children for welfare checks.
2. Proceedings brought by a solicitor on behalf of persons who had given no instructions, and of whom the purported litigation friend had no knowledge, were not properly constituted. The application was therefore no more than an altruistic application by the solicitor.
3. The court had previously exercised jurisdiction based on British nationality alone in Al-Jeffery v Al-Jeffery (Vulnerable Adult; British Citizen) [2016] EWHC 2151. Such jurisdiction required caution and circumspection. The earlier case was materially different because the vulnerable adult had recently lived in England and Wales, had been brought up there, and had herself contacted the solicitors and instructed her litigation friend.
4. The present case was materially different. None of the named applicants had lived in the United Kingdom for at least ten years, the youngest child had been born in Somalia and had apparently never visited the United Kingdom, and the solicitor had no instructions from any applicant.
5. If the Government wished proactively to protect British citizens abroad from forced marriage on the basis of British nationality alone, the proper applicant might be the Government itself, acting through the Foreign and Commonwealth Office and, more specifically, the Forced Marriage Unit. The court made no forecast as to the outcome of any such application.

First-instance decision. Earlier forced marriage protection orders made by other High Court judges were allowed to expire; no appellate decision is stated.