L-W Children [2019] EWCA Civ 159 (14 February 2019)
There was no evidence capable of supporting a finding that the mother failed to protect her children; GL's historic violence towards adults did not establish a causative link to risk of harm to children, and the mother's actions upon discovering injuries were appropriate.
- Citation
- [2019] EWCA Civ 159
- Parties
- Appellant: Mother; First Respondent: Carmarthenshire County Council; Second Respondent: PW; Third Respondent: GL; Fourth Respondent: LP
- Jurisdiction
- England and Wales
- Judgment Date
- 14 February 2019
- Procedural Posture
- Appeal / Judgment on Appeal Against Finding of Failure to Protect
- Outcome
- Appeal allowed
- Legal Topics
- Failure to Protect, Threshold Criteria, Care Proceedings, Non Accidental Injury
Case Brief
Summary, issues, holding and outcome
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Parties
Mother
Appellant
Carmarthenshire County Council
First Respondent
PW
Second Respondent
GL
Third Respondent
LP
Fourth Respondent
Procedural Posture
Appeal / Judgment on Appeal Against Finding of Failure to Protect
Legal Issues
- 1 Whether the mother failed to protect her children from risk of physical abuse by GL
- 2 Whether evidence supported a finding that the mother knew or ought to have known of risk
Ratio Decidendi
There was no evidence capable of supporting a finding that the mother failed to protect her children; GL's historic violence towards adults did not establish a causative link to risk of harm to children, and the mother's actions upon discovering injuries were appropriate.
Court Disposition
Appeal allowed
Orders
- Finding of failure to protect against mother deleted
- Care Proceedings in relation to W discontinued
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