Q&As

In ongoing care proceedings, the local authority has indicated that it now considers that the threshold criteria isn't met, but the children's guardian considers that a supervision order is necessary. Can the court be satisfied that the threshold is met where the local authority does not wish to proceed with its application?

read titleRead full title
Published on LexisPSL on 20/08/2021

The following Local Government Q&A provides comprehensive and up to date legal information covering:

  • In ongoing care proceedings, the local authority has indicated that it now considers that the threshold criteria isn't met, but the children's guardian considers that a supervision order is necessary. Can the court be satisfied that the threshold is met where the local authority does not wish to proceed with its application?

In ongoing care proceedings, the local authority has indicated that it now considers that the threshold criteria isn't met, but the children's guardian considers that a supervision order is necessary. Can the court be satisfied that the threshold is met where the local authority does not wish to proceed with its application?

The threshold criteria is set out in section 31(2) of the Children Act 1989 (ChA 1989) and provides that a court may only make a care or supervision order if it is satisfied that:

  1. the child concerned is suffering, or is likely to suffer, significant harm, and

  2. the harm, or likelihood of harm, is attributable to the care given to the child, or likely to be given to it, if a care or supervision order were not made, the care not being such as it would be reasonable to expect a parent to give, or the child being beyond parental control

See Practice Note: Public children—threshold criteria.

Where an application has been made for a care or supervision order, a local authority may only withdraw its application with the permission of the court in accordance with Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, 29.4. In Re GC (a child) (withdrawal of care proceedings), Baker LJ considered the relevant case law on an application to withdraw by a local authority (see paras [16]–[20]), and that,

Related documents:

Popular documents