L-G (Children: Risk Assessment)

L-G (Children: Risk Assessment)

The judge’s risk assessment was incomplete and lacked clear findings regarding the mother’s compliance with undertakings, rendering the removal and separation orders unreliable; the proceedings must be remitted for a fresh decision.

Parties
Appellant: Mother; Respondent: Local Authority; Respondent: Father of O; Respondent: Father of Y; Respondent: Children (by their Children’s Guardian)
Jurisdiction
England and Wales
Judgment Date
31 January 2025
Procedural Posture
Appeal / Judgment on Appeal From Family Court
Outcome
Appeal allowed; orders set aside; proceedings remitted for rehearing.
Legal Topics
Risk Assessment, Child Arrangements, Special Guardianship, Supervision Orders, Separation of Siblings
Family Law Child Welfare Risk Assessment Child Arrangements Special Guardianship Supervision Orders Separation of Siblings

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Parties

Mother

Appellant

Local Authority

Respondent

Father of O

Respondent

Father of Y

Respondent

Children (by their Children’s Guardian)

Respondent

Procedural Posture

Appeal / Judgment on Appeal From Family Court

Legal Issues

  1. 1 Whether the risk assessment regarding Mr F was adequate
  2. 2 Whether key findings of fact were made regarding the mother's compliance
  3. 3 Whether procedural errors affected the outcome

Ratio Decidendi

The judge’s risk assessment was incomplete and lacked clear findings regarding the mother’s compliance with undertakings, rendering the removal and separation orders unreliable; the proceedings must be remitted for a fresh decision.

Court Disposition

Appeal allowed; orders set aside; proceedings remitted for rehearing.

Orders

  • Pre-existing arrangements restored: children to return to mother’s care pending rehearing.
  • Interim supervision order to be made.