When the family Court deals with care proceedings, the main question is whether a child is suffering, or is likely to suffer, ‘significant harm’. This term comes from the Children Act 1989, which sets out the legal framework for protecting children in England and Wales. It invites the Court to consider whether the harm the child is said to be suffering or likely to suffer is considered serious enough to warrant intervention from social services.
The main categories of harm that are considered are;
- Physical harm – when the child has been subject to non-accidental injuries, rough handling or there are allegations of failure to protect from physical danger or harm.
- Emotional harm – persistent rejection, lack of warmth and love, exposure to hostility or exposure to domestic abuse that may negatively affect the child’s welfare.
- Sexual harm – inappropriate exploitation of a child or children.
- Neglect – continued failure to meet a child’s basic needs either physical or psychological which may lead to impairment of health or development.
The Court must then consider whether there is an existence of harm but also determine whether the harm is likely to be ongoing. The impact on the child’s development and whether the harm is considered ‘significant’ compared to what could be reasonably expected in similar circumstances.
Section 47(1) of the Children Act 1989 states that local authorities must make enquiries to determine if they need to take action to safeguard a child who they have reasonable cause to suspect is suffering, or is likely to suffer, significant harm.
How can we help?
If your child or children have been made subject to a Child Protection Plan, Pre-Proceedings or Care Proceedings, we understand that this can be very stressful and that is why we are here to help and provide advice. We have experience in assisting parents at all stages of Local Authority involvement. Please contact Johnson Astills at either our Leicester office on 0116 255 4855 or our Loughborough office on 01509 610 312 and ask or a member of the Care Team. Alternatively you contact us through our free online enquiry form or email us at careteam@johnsonastills.com and a member of our team will be happy to assist you.
