The case, Re. B and G (children) (2015) EWFC 3, was the first case to consider female genital mutilation (FGM) in the context of care proceedings. Lord Justice Munby - the president of the family division of the High Court - addressed the question of whether a child in care proceedings had been subjected to FGM and, if so, the implications this would have on the child and her sibling.
On the basis of the expert evidence provided, Munby LJ was not persuaded that the child in the case - a 3-year old girl - had undergone, or was at risk of undergoing, any form of FGM. However, Munby LJ proceeded to state that any form of FGM would meet the statutory tests of "significant harm" and unreasonable parenting needed to initiate care proceedings under Article 31 of the Children Act 1989.
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