L-B (Children)

L-B (Children)

The majority held that, despite the order not being sealed, the judge was bound by her original fact-finding judgment and could not reverse it absent exceptional circumstances such as new evidence or a material change. A mere change of mind was insufficient. The appeal was allowed, reinstating the original judgment exonerating the mother and finding the father responsible for the child's injuries.

Parties
Subject Children: L-B (Children); Appellant: Mother (Appellant); Respondent: Father; Respondent: Bolton Borough Council; Interested Parties: Maternal Grandparents; Guardian: Guardian
Jurisdiction
England and Wales
Judgment Date
18 July 2012
Procedural Posture
Appeal (care Proceedings) / Appeal From Fact Finding and Subsequent Orders
Outcome
Appeal allowed (by majority)
Legal Topics
Care Proceedings, Fact Finding Hearings, Finality of Judgments, Jurisdiction to Revise Judgments, Child Protection
Family Law Civil Procedure Care Proceedings Fact Finding Hearings Finality of Judgments Jurisdiction to Revise Judgments Child Protection

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Parties

L-B (Children)

Subject Children

Mother (Appellant)

Appellant

Father

Respondent

Bolton Borough Council

Respondent

Maternal Grandparents

Interested Parties

Guardian

Guardian

Procedural Posture

Appeal (care Proceedings) / Appeal From Fact Finding and Subsequent Orders

Legal Issues

  1. 1 Whether a judge may revise a fact-finding judgment before the order is sealed
  2. 2 Whether a change of mind alone justifies reversal of a judgment
  3. 3 The effect of sealing of orders on finality of judgments in care proceedings

Ratio Decidendi

The majority held that, despite the order not being sealed, the judge was bound by her original fact-finding judgment and could not reverse it absent exceptional circumstances such as new evidence or a material change. A mere change of mind was insufficient. The appeal was allowed, reinstating the original judgment exonerating the mother and finding the father responsible for the child's injuries.

Court Disposition

Appeal allowed (by majority)

Orders

  • The original fact-finding judgment of 15 December 2011 is reinstated, exonerating the mother and finding the father responsible for the injuries.
  • The subsequent revised judgment of 15 February 2012 is set aside.