R (A Child) [2019] EWCA Civ 895 (24 May 2019)

R (A Child) [2019] EWCA Civ 895 (24 May 2019)

The judge's identification of the grandmother as a possible perpetrator was not adequately supported by the evidence; the reasons given were insubstantial or irrelevant, and insufficient weight was given to the parents' prior conduct. The appeal is allowed and the grandmother's name is to be removed from the pool of possible perpetrators.

Citation
[2019] EWCA Civ 895
Parties
Subject Child: R (A Child); Appellant's Counsel: Ashley Lord; Respondent's Counsel: Simon Wilkinson
Jurisdiction
England and Wales
Judgment Date
24 May 2019
Procedural Posture
Appeal / Judgment on Appeal
Outcome
Appeal allowed in part
Legal Topics
Fact Finding Hearings, Pool of Perpetrators, Appeals Procedure, Permission to Appeal, Care Proceedings
Family Law Child Protection Fact Finding Hearings Pool of Perpetrators Appeals Procedure Permission to Appeal Care Proceedings

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 7 Party arguments 2
Sign in to unlock

Parties

R (A Child)

Subject Child

Ashley Lord

Appellant's Counsel

Simon Wilkinson

Respondent's Counsel

Procedural Posture

Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the judge erred in including the grandmother in the pool of possible perpetrators for injuries to LR
  2. 2 Whether the judge gave sufficient weight to findings regarding the parents' prior conduct
  3. 3 Whether the judge's reasoning for including the grandmother was adequately supported by evidence

Ratio Decidendi

The judge's identification of the grandmother as a possible perpetrator was not adequately supported by the evidence; the reasons given were insubstantial or irrelevant, and insufficient weight was given to the parents' prior conduct. The appeal is allowed and the grandmother's name is to be removed from the pool of possible perpetrators.

Court Disposition

Appeal allowed in part

Orders

  • Grandmother's name to be removed from paragraphs 6 and 10(d) of the second Schedule of the order dated 25 February 2019
  • The remainder of the order remains in full effect