In Re W (Minors) (Wardship: Evidence): CA 1990

A wardship was applied for after allegations of sexual abuse. Butler-Sloss LJ said ‘It is not necessary to make a finding of sexual abuse against a named person in order for the judge to assess the risks to the child of returned to that environment. He is engaged in a different exercise, that of the assessment of the possibilities for the future.’
Neill LJ said: ‘There may also be cases, however, where the court may not be in a position to make a positive finding on the evidence as to what has happened in the past, but may nevertheless come to the conclusion that a child may be at risk for the future.’


Butler-Sloss LJ, Neill LJ


[1990] 1 FLR 203


England and Wales

Cited by:

CitedIn re W (Children) (Family proceedings: Evidence) (Abuse: Oral Evidence) SC 3-Mar-2010
The court considered the approach to be taken when considering whether to order a child’s attendance at court in care proceedings. It was argued that the starting point of assuming that a child should not attend, failed to respect the human right to . .
CitedIn re H and R (Minors) (Child Sexual Abuse: Standard of Proof) HL 14-Dec-1995
Evidence allowed – Care Application after Abuse
Children had made allegations of serious sexual abuse against their step-father. He was acquitted at trial, but the local authority went ahead with care proceedings. The parents appealed against a finding that a likely risk to the children had still . .
Lists of cited by and citing cases may be incomplete.


Updated: 18 May 2022; Ref: scu.406178