Bedfordshire Police Constabulary v RU & Anor [2013]

1. Facts:

• The case involved a 16-year-old woman who was pressured into applying for a Forced Marriage Protection Order (FMPO) by the Bedfordshire Police to protect her from a forced marriage.

• After the FMPO was granted, the young woman later sought to have the order removed, indicating that she no longer wished to have it in place.

• The court had to determine whether to maintain the FMPO despite the woman’s request to withdraw it, given the circumstances surrounding her application and the pressures she faced.

2. Outcome:

• The court decided to keep the FMPO in place despite the young woman's attempt to have it removed.

• It was determined that the young woman had been pressurised into making the application for the order and that her subsequent attempt to revoke it was influenced by external pressures.

• The court concluded that maintaining the FMPO was necessary to protect the young woman’s safety and well-being, given the circumstances of her initial application and the potential risks she faced.

3. Impact and Analysis:

• Court Intervention in Private Life: The case raises significant questions about the extent to which the court should intervene in an individual’s private life, particularly in matters involving forced marriage. The decision underscores the court's role in safeguarding vulnerable individuals, even when they seek to withdraw legal protections that were initially put in place for their safety.

• Protection vs. Autonomy: The ruling highlights the balance between protecting individuals from harm and respecting their autonomy. The court’s decision to retain the FMPO, despite the young woman’s wish to remove it, reflects a prioritisation of safety over personal choice in cases where there is evidence of coercion or manipulation.

• Pressures and Coercion: The case illustrates how external pressures can impact an individual's decisions and legal actions. The court’s acknowledgment of the young woman’s pressured situation underscores the importance of considering the broader context in which legal decisions are made.

• Legal Precedent: Bedfordshire Police sets a precedent for how courts handle situations where an individual seeks to revoke legal protections that were obtained under duress or significant pressure. It demonstrates the court’s commitment to ensuring that protective measures are upheld when necessary for the individual’s safety.

• Policy and Practice Implications: The decision has implications for how Forced Marriage Protection Orders are managed and enforced. It emphasises the need for careful consideration of the circumstances surrounding such applications and the potential impact of external pressures on the individuals involved.