This Practice Note details the threshold criteria as set out in section 31(2) of the Children Act 1989 (ChA 1989) and the public children law applications to which it applies. It sets out the definition of the threshold criteria as provided for in ChA 1989 and the requirement of evidence of Significant harm. It also deals with standards of proof, uncertainty regarding perpetrator and the court's role and duties, including the recording of findings.
Introduction
The threshold criteria as set out in ChA 1989, s 31(2) provides that a court may only make a care or supervision order if it is satisfied that:
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the child concerned is suffering, or is likely to suffer, significant harm, and
- •
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, not being what it would be reasonable to expect a parent to give to the child, or
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the child being beyond parental control
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Proof
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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Significant harm definition
What does Significant harm mean?
Any harm which is determined to be significant in accordance with the Statutory Guidance to Part IIA in that it meets one of the specific descriptions of the types of harm which must exist, or of which there must be a significant possibility, for land to be determined as contaminated.
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