Case Management Issues
29.It is regrettable that the issue of FGM and the trip to Gambia has taken so long to be determined although it is not necessary for me to catalogue each step taken and to attribute blame for the delay. There appear to have been two particular difficulties. First, the identification a suitable expert to interview members of the maternal family in The Gambia to assess the risk of FGM should H travel there. This need was identified early on in the proceedings by Professor Tamsin Bradley, a well-known academic and expert in FGM issues who was very properly jointly instructed soon after the FGM application was made. Second, the need to obtain permission from the authorities in The Gambia for family members living in the Gambia there to give remote evidence to the court. 30.The proceedings were re-assigned to a judge of High Court level and allocated to me in October 2022. The parties were able, with funding from the LAA, quickly to identify Matida Komma as a suitable in-country expert who had been suggested by Professor Bradley. Having considered guidance from the Head of International Family Justice and the Family Division Liaison Judge, as well as my own experience both as counsel and judge, I took a pragmatic line and directed that maternal family members should make witness statements and be available to give oral evidence by video link at the final hearing.31.As Her Honour Judge Smith had made findings of domestic abuse, M is a vulnerable person and FPR12J and 3AA are engaged. At her invitation and without any objection from F, I approved participation directions that she would not be asked questions by F but instead Mr Donnelly would address the issues F had raised in his statements.