Key Facts
- •E, a 16-year-old, appeals the recognition and enforcement of an Irish Special Care Order under the 1996 Hague Convention.
- •The Irish order authorizes E's detention in a special care unit and allows the CFA to use the Garda to locate and return him if he absconds.
- •E challenges the order on the grounds that its recognition is manifestly contrary to the public policy of England and Wales, considering his best interests.
- •E's primary argument is his strong opposition to returning to Ireland, a wish not shared by professionals in either Ireland or England and Wales.
- •E has a history of troubled placements in Ireland, including allegations of abuse and absconding.
- •E alleges he is at risk in Ireland and fears for his life if returned.
Legal Principles
Article 23 of the 1996 Hague Convention allows for refusal of recognition if it's manifestly contrary to the public policy of the requested state, taking into account the child's best interests.
1996 Hague Convention, Article 23(2)(d)
The public policy exception under Article 23(2)(d) is very restrictive and requires exceptional circumstances and clear evidence.
1996 Hague Convention, Article 23(2)(d); Re L (A Child) (Recognition of Foreign Order) [2012] EWCA Civ 1157; Re D [2016] EWCA Civ 12; K v K & Ors [2021] EWHC 1846 (Fam)
The court must consider whether recognition is contrary to English public policy and whether it aligns with the child's best interests. It is a single test, not two separate ones.
1996 Hague Convention, Article 23(2)(d); Parra-Aranguren Explanatory Report (Hague Adoption Convention), section 426; K v K & Ors [2021] EWHC 1846 (Fam)
English law recognizes the necessity of unregulated placements authorized by the court under inherent jurisdiction when it's the only option to safeguard a child's welfare.
Re T (A Child) [2021] UKSC 35
Outcomes
The appeal is dismissed. The Irish Special Care Order is recognized and enforced.
The court finds that the circumstances do not meet the high threshold for refusing recognition under Article 23(2)(d). The Irish court's approach was similar to that of the English court, and E's best interests are best served by addressing his circumstances in the Irish court system.