Introduction

The case of L-G (Children: Risk Assessment) [2025] EWCA Civ 60 presents a pivotal moment in child welfare jurisprudence within England and Wales. The appeal centers on the welfare of two young children, O, aged five, and Y, aged one, primarily concerning the risk posed by their father, Mr. F. The mother, initially providing excellent care and maintaining a stable environment, faced legal intervention due to Mr. F's history of violence and abuse. This case delves into the complexities of risk assessment in family law, the balance of parental rights versus child safety, and the procedural rigor required in such sensitive determinations.

Summary of the Judgment

The Court of Appeal reviewed an order that had removed child Y from his mother's care, placing him with his maternal grandfather, and child O with her father. The judge initially deemed Mr. F a significant risk due to his violent past and lack of acknowledgment of this risk. Despite the mother's compliance with certain undertakings and her willingness to ensure the children's safety, the judge found her insufficiently protective against Mr. F's potential harm. However, the Court of Appeal concluded that the original judge's risk assessment was incomplete and remitted the case for a fresh decision, emphasizing the need for a more thorough evaluation of risks and protective measures.

Analysis

Precedents Cited

The judgment references several key cases that inform the court's approach to risk assessment and child welfare:

• Re F (A Child: Placement Order: Proportionality) [2018] EWCA Civ 2761: This case provided a framework for assessing potential future harm, focusing on the type, likelihood, and severity of harm, as well as mitigating factors.
• Re A (A Child) (Residence Order) [2007] EWCA Civ 899: Established principles for granting stays in custody orders pending appeal, emphasizing the need to balance urgency against the stability of the child's current situation.
• Re N (Children: Interim Order / Stay) [2020] EWCA Civ 1070: Further refined the criteria for granting temporary stays, reinforcing the importance of minimizing disruption to the child's life.

Legal Reasoning

The Court of Appeal scrutinized the lower court's approach to risk assessment, highlighting deficiencies in evaluating the mother's ability to protect her children from Mr. F. Key points in the legal reasoning include:

• Comprehensive Risk Evaluation: The appellate court emphasized that assessing risk must encompass not only the potential for harm but also the effectiveness of mitigating strategies. The lower court failed to thoroughly consider whether existing protective measures, such as supervision orders and familial vigilance, could sufficiently mitigate Mr. F's risks.
• Welfare Checklist: The court reiterated that risk of harm is one of several factors in the welfare checklist for child custody decisions. A balanced and holistic assessment is necessary, especially in cases where opinions are finely balanced.
• Procedural Completeness: The appellate court noted that the original judgment lacked clarity regarding the mother's compliance with undertakings and did not decisively rule on whether her actions effectively mitigated the risks posed by Mr. F.

Impact

This judgment underscores the necessity for meticulous and transparent risk assessments in child welfare cases. Future implications include:

• Enhanced Standards for Risk Assessment: Courts are likely to adopt more rigorous standards when evaluating risks, ensuring that all protective measures are thoroughly considered and documented.
• Greater Accountability in Decision-Making: Judges will be expected to provide comprehensive justifications for their decisions, particularly regarding the assessment of parental compliance and the effectiveness of proposed safety plans.
• Potential for Increased Appeals: As risk assessments become more critical, parties may be more inclined to appeal decisions where they perceive a lack of thorough evaluation, leading to a higher standard of judicial scrutiny.

Complex Concepts Simplified

Risk Assessment in Child Welfare

Risk Assessment is a systematic process used by courts to evaluate the potential for harm to children when determining custody arrangements. It involves identifying possible dangers, assessing the likelihood and severity of these dangers, and considering ways to mitigate them.

Supervision Orders

Supervision Orders are legal directives that require a supervising authority or individual to oversee a parent's or guardian's contact with a child. They are intended to ensure the child's safety by monitoring interactions and preventing potential abuse.

Special Guardianship Order

A Special Guardianship Order grants a relative or close family friend parental responsibility for a child, allowing them to make long-term decisions about the child's upbringing while maintaining the child's connection to their birth family.

Conclusion

The Court of Appeal's decision in L-G (Children: Risk Assessment) [2025] EWCA Civ 60 marks a significant development in the realm of child welfare law. By mandating a more exhaustive risk assessment, the court reinforces the paramount importance of child safety while ensuring that parental rights are judiciously balanced against potential threats. This judgment serves as a reminder that courts must diligently evaluate all facets of risk and protection, fostering a more robust and transparent judicial process in sensitive family law matters.