Threshold Criteria

A care or supervision order can only be lawful if the court satisfies a two stage test. The first stage – the threshold stage – there must be sufficient reasons to justify making a care or supervision order, i.e.  the case must cross a threshold. This threshold can...

The Balance of Probabilities

In care proceedings, the civil standard of evidence applies. This means that the court has to be satisfied that the evidence to show that your child is suffering or is at risk of suffering significant harm has been proved on the balance of probabilities. This phrase...

Significant Harm

Under section 31(2) of the Children Act 1989, a court can only make a care or supervision order if there is evidence on the balance of probabilities that a child has suffered or is likely to suffer ‘significant harm’. ‘Harm’ is defined by...

Emotional Harm/Abuse

  There are many ways we can hurt each other. The worst kinds of hurt are not necessarily the ones caused by physical attacks. To cause emotional harm to another person means that you have behaved in a way which will hurt someone’s sense of self, by making...