On 1 August 2007, three months after the disappearance of Madeleine McCann from a holiday apartment in Praia da Luz, Lagos, Portugal, Bennett set up a fund called The Madeleine Foundation to fund a private prosecution for child neglect. In November 2007, he started such a prosecution against the parents of Madeline – Gerry and Kate McCann. The initial hearing was at Loughborough Magistrates' Court where the application was dismissed on the grounds that it was a matter for the Portuguese authorities, and thus beyond the jurisdiction of British courts.