Re T (Children)

Re T (Children)

The Recorder's finding that she could not identify the father as involved in the incident was reached without regard to all the evidence, particularly police disclosure and circumstantial evidence. This failure to consider all relevant material rendered the risk assessment inadequate and the decision unsafe. The...

Source-derived case information.

Parties
Appellant: St Helens Borough Council; 1st Respondent: Mother; 2nd Respondent: Father; 3rd Respondent: Children's Guardian
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Family Law Care Proceedings / Appeal From Interim Care Order Directions
Outcome
Appeal allowed
Legal Topics
Interim Care Orders, Removal of Children, Risk Assessment, Judicial Fact Finding, Appeal Procedure
Family Law Child Protection Interim Care Orders Removal of Children Risk Assessment Judicial Fact Finding Appeal Procedure

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Summary, issues, holding and outcome

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Parties

St Helens Borough Council

Appellant

Mother

1st Respondent

Father

2nd Respondent

Children's Guardian

3rd Respondent

Procedural Posture

Family Law Care Proceedings / Appeal From Interim Care Order Directions

Legal Issues

  1. 1 Whether the Recorder erred in failing to conduct a multifactorial assessment of all available evidence regarding risk to children
  2. 2 Whether the Recorder failed to consider all police disclosure and circumstantial evidence in assessing risk
  3. 3 Whether the Recorder's approach to the evidence and risk was legally adequate for interim care order purposes

Ratio Decidendi

The Recorder's finding that she could not identify the father as involved in the incident was reached without regard to all the evidence, particularly police disclosure and circumstantial evidence. This failure to consider all relevant material rendered the risk assessment inadequate and the decision unsafe. The appeal was allowed and the matter remitted for urgent rehearing.

Court Disposition

Appeal allowed

Orders

  • Matter remitted to Designated Family Judge for urgent Further Case Management Hearing
  • Interim order continued: children to remain in foster care pending rehearing