RADICALISATION CASES IN THE FAMILY COURTS – Guidance issued by the President

Please note the important Guidance issued by Sir James Munby President of the Family Division on 8 October 2015 entitled – RADICALISATION CASES IN THE FAMILY COURTS.

Within the Guidance, the President addresses the recent increase in the “numbers of children cases coming before the Family Division and the Family Court where there are allegations or suspicions: that children, with their parents or on their own, are planning or attempting or being groomed with a view to travel to parts of Syria controlled by the so-called Islamic State; that children have been or are at risk of being radicalised; or that children have been or at are at risk of being involved in terrorist activities either in this country or abroad.”

The President gives guidance about potential applications in such cases, for example care proceedings or the inherent jurisdiction; and also considers the potential applicants in inherent jurisdiction cases. The Guidance  states that all such cases are to be heard by High Court Judges of the Family Division, given the complexity of such cases. It also highlights the importance of cooperation in such cases between safeguarding agencies and the family and criminal justice system.

A helpful list of cases is attached to the Guidance addressing key aspects of cases involving such issues. Advocates appearing on behalf of parties involved in such cases should ensure that they are able to address such matters in line with this Guidance and the relevant case law.