L-W Children

L-W Children

There was no evidence capable of supporting a finding that the mother failed to protect her children from the risk of physical abuse by GL. The facts found, including GL's historic violence towards adult males and the mother's conduct, did not establish that she knew or ought to have known that GL presented a risk of physical harm to the children.

Parties
Subject Children: L-W Children; Appellant: Appellant (Mother); First Respondent: Carmarthenshire County Council; Second Respondent: PW (Father); Third Respondent: GL; Fourth Respondent: LP
Jurisdiction
England and Wales
Judgment Date
14 February 2019
Procedural Posture
Appeal (care Proceedings) / Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Failure to Protect, Threshold Criteria, Non Accidental Injury, Care Proceedings
Family Law Child Protection Failure to Protect Threshold Criteria Non Accidental Injury 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 2 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

L-W Children

Subject Children

Appellant (Mother)

Appellant

Carmarthenshire County Council

First Respondent

PW (Father)

Second Respondent

GL

Third Respondent

LP

Fourth Respondent

Procedural Posture

Appeal (care Proceedings) / Appeal Judgment

Legal Issues

  1. 1 Whether the mother failed to protect her children from risk of physical abuse by GL
  2. 2 Whether the facts found justified a finding of failure to protect against the mother

Ratio Decidendi

There was no evidence capable of supporting a finding that the mother failed to protect her children from the risk of physical abuse by GL. The facts found, including GL's historic violence towards adult males and the mother's conduct, did not establish that she knew or ought to have known that GL presented a risk of physical harm to the children.

Court Disposition

Appeal allowed

Orders

  • The finding that the mother failed to protect L and the twins is set aside and deleted from the record.
  • The finding that GL caused the injuries remains undisturbed.