H (Care Proceedings: Risk Assessment), Re

H (Care Proceedings: Risk Assessment), Re

The appeal was allowed because the trial judge failed to provide adequate analysis and reasoning for concluding that risks to H had abated sufficiently to permit her return to her mother's care, did not properly evaluate the evidence in context, and omitted analysis of the welfare checklist, making the judgment deficient.

Parties
Appellant: Local Authority; First Respondent: Mother; Second Respondent: Father; Third Respondent: Children's Guardian (on behalf of H)
Jurisdiction
England and Wales
Judgment Date
17 June 2025
Procedural Posture
Appeal / Judgment on Appeal From Family Court
Outcome
Appeal allowed; matter remitted for rehearing before a different judge.
Legal Topics
Care Orders, Risk Assessment, Adoption, Supervision Orders, Domestic Abuse, Welfare Checklist
Family Law Child Protection Care Orders Risk Assessment Adoption Supervision Orders Domestic Abuse Welfare Checklist

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Parties

Local Authority

Appellant

Mother

First Respondent

Father

Second Respondent

Children's Guardian (on behalf of H)

Third Respondent

Procedural Posture

Appeal / Judgment on Appeal From Family Court

Legal Issues

  1. 1 Whether the judge properly evaluated the risks to H if returned to her mother's care
  2. 2 Whether the judge carried out a full balancing exercise of harm and protective factors
  3. 3 Whether the judge provided adequate reasons and analysis for his decision

Ratio Decidendi

The appeal was allowed because the trial judge failed to provide adequate analysis and reasoning for concluding that risks to H had abated sufficiently to permit her return to her mother's care, did not properly evaluate the evidence in context, and omitted analysis of the welfare checklist, making the judgment deficient.

Court Disposition

Appeal allowed; matter remitted for rehearing before a different judge.

Orders

  • Dismissal of placement order application
  • Supervision order for twelve months