Thames Valley Police v F & Anor
[2023] EWFC 28 (B)
The Chief Constable of West Yorkshire Police v FP & Anor
7 May 2024
[2024] EWFC 130
Family Court
The police protected a woman they thought might be forced into marriage. Her father sued them for his legal costs after the case ended. The judge said the police did the right thing, even if the woman later said she was fine, so the father didn't get his money back.
Key Facts
- •West Yorkshire Police applied for and obtained a Forced Marriage Protection Order (FMPO) against FP and MP, the parents of PP.
- •PP, an adult woman, had alleged domestic abuse and concerns about forced marriage, initially using a pre-arranged safe word to signal distress.
- •PP later applied to discharge the FMPO, claiming her concerns were based on misunderstandings and that she was happy in Libya.
- •FP applied for costs of £8,580 against the police for legal fees incurred during the FMPO proceedings.
- •The police subsequently discharged the FMPO.
Legal Principles
Costs in Family Court proceedings are at the discretion of the court.
Senior Courts Act 1981, Section 51(1)(ba) and (3)
The court may make such order as to costs as it thinks just.
Family Procedure Rules 2010, Rule 28.1
In costs applications against public bodies, the court should consider the potential chilling effect on the exercise of public functions if costs are routinely awarded against them when acting reasonably.
City of Bradford Metropolitan DC v Booth [2000] and CMA v Flynn [2022] UKSC 14
In care proceedings, costs are generally not awarded against local authorities unless there is reprehensible behaviour or an unreasonable stance.
T (Children) [2012] UKSC 36
Outcomes
FP's application for costs was refused.
The court found that the police acted reasonably in issuing and pursuing the FMPO proceedings, given the serious allegations of abuse, PP's use of the safe word, and the ongoing concerns about her safety and well-being. The court considered the potential chilling effect on police action in safeguarding cases.