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Re N (A Child: Female Genital Mutilation protection Order) [2018] EWHC 870 (Fam)

Four members of St John’s Buildings Family team were involved in a case that concerned a female infant who was at real risk of female genital mutilation if she returned to the Sudan with her mother. Mr Justice Hayden analysed the interplay between Article 3 rights and Article 8 rights and decided that “…whilst there can be no derogation from N’s Article 3 rights, the interference with her Article 8’s rights, and those of her siblings and family, must be limited to that which is necessary to protect her Article 3 rights.” The learned judge granted an injunctive FGMPO to prevent the baby leaving the jurisdiction.

Frances Heaton QC led Kate Burnell for the mother, Lorraine Cavanagh acted for the local authority and Ginnette Fitzharris for the child.

The full judgment is now available.