A High Court judge has praised Devon and Cornwall Police for their professional handling of an investigation that prevented a vulnerable woman from returning to a country where she was considered to face a potentially fatal risk.
In Re X (Inherent Jurisdiction: Vulnerable Adult), Mr Justice Hayden granted an urgent application brought by Devon and Cornwall Police while he was sitting as the out-of-hours judge. The application sought temporary restrictions preventing the woman, identified as X, from leaving England, including restrictions on her passport and travel arrangements.
X had escaped to England and claimed asylum, seeking protection from alleged domestic abuse. She reported experiencing controlling and abusive behaviour, including strangulation and rape. No findings have been made in relation to these allegations.
Her concerns about her safety increased after her husband reportedly discovered her location and shared it with her family. She subsequently re-established contact with her husband and expressed a wish to reconcile with him and reunite with her son.
However, police and other professionals became increasingly concerned that her decision to return might not have been made freely. Although X was considered to have the mental capacity to make her own decisions, professionals believed that coercion, threats, family pressure and emotional manipulation could have compromised her autonomy.
The police application sought a temporary period of protection to allow X time to consider her circumstances without removing her right to make her own decisions. The restrictions were intended to provide a period of decompression and support independent decision-making.
Granting the application, Mr Justice Hayden highlighted the seriousness of the potential danger facing X, stating that had she boarded the aircraft and returned to her family, he considered it likely that she would have been killed.
The judge emphasised the importance of balancing individual autonomy with the court’s responsibility to protect vulnerable adults. He explained that the law protects genuine autonomy rather than the wisdom of a person’s decisions, distinguishing between an unwise decision and one that is not genuinely free.
He also found that the evidence established a real risk to X’s safety and life, engaging her rights under Article 2 of the European Convention on Human Rights (ECHR). The judgment highlighted that domestic abuse is not simply a private matter and that public authorities may have a positive obligation to take preventative action when they know, or ought to know, of a real and immediate risk of serious violence.
The judgment also recorded that X was stopped at Heathrow Airport and subsequently engaged positively with police officers, showing an immediate willingness to consider the support being offered.
Mr Justice Hayden specifically commended Devon and Cornwall Police for the way the investigation was conducted, describing their work as demonstrating exceptional professionalism, sensitivity and understanding.
He further praised the investigation as an example of progressive policing of the highest calibre, recognising the officers’ expertise, diligence and commitment to protecting vulnerable individuals.
The judgment highlights the role of the High Court’s inherent jurisdiction in protecting vulnerable adults where coercion or undue influence may undermine their ability to make genuinely independent decisions, while recognising the importance of preserving individual autonomy.
