Susan George, instructed by ITN Solicitors, appeared in the High Court before MacDonald J in the case of London Borough of Redbridge v JL & Ors (Failure to Determine Jurisdiction) [2025] EWFC 292 – this was a jurisdiction judgment in care proceedings with allegations of non-accidental injury. Proceedings commenced in October 2024 and were dismissed for want of jurisdiction on 28 July 2025.

The key points from the judgment are:

• Jurisdictional clarity is essential before substantive welfare decisions are made.
• Delay in determining jurisdiction can undermine procedural fairness and lead to wasted proceedings.

• Habitual residence must be assessed holistically, considering the child’s integration in their environment, not just physical presence.  Habitual residence is the primary legal test for determining which country's courts should hear proceedings related to a child.
• Protective orders should be clearly distinguished from substantive jurisdiction.   While the court may take urgent protective measures under Article 11 of Brussels II Revised (or its domestic equivalents), this does not confer ongoing welfare jurisdiction.