R (A Child)

R (A Child)

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

Parties
Subject Child: R (A Child); Appellant's Advocate: Ashley Lord; Respondent's Advocate: Simon Wilkinson
Jurisdiction
England and Wales
Judgment Date
24 May 2019
Procedural Posture
Appeal / Judgment on Appeal From Fact Finding in Child Protection Proceedings
Outcome
Appeal allowed
Legal Topics
Fact Finding Hearings, Pool of Perpetrators, Appeal Standards, Failure to Protect, Permission to Appeal
Family Law Child Protection Fact Finding Hearings Pool of Perpetrators Appeal Standards Failure to Protect Permission to Appeal

Case Brief

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Parties

R (A Child)

Subject Child

Ashley Lord

Appellant's Advocate

Simon Wilkinson

Respondent's Advocate

Procedural Posture

Appeal / Judgment on Appeal From Fact Finding in Child Protection Proceedings

Legal Issues

  1. 1 Whether the judge erred in including the grandmother in the pool of possible perpetrators of non-accidental injury to a child
  2. 2 Whether the judge gave sufficient reasons and relied on proper evidence for her conclusion
  3. 3 Whether the judge gave appropriate weight to findings regarding the parents' prior conduct

Ratio Decidendi

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

Court Disposition

Appeal allowed

Orders

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