If you are involved in Care Proceedings, you may hear professionals talking about ‘threshold’ being met. In simple terms threshold is the legal test that the Court must be satisfied about before it can make Care or Supervision Orders.
Under Section 31 of the Children Act 1989, the Court can only intervene if it is satisfied that a child has suffered, or is at risk of suffering, significant harm, and that this harm is attributable to the care given by the parents (or the child being beyond parental control).
What Does ‘Significant Harm’ Actually Mean?
Significant harm is not defined by a strict checklist. It can include physical harm, emotional harm, sexual abuse and neglect.
The Court will look at the seriousness of the harm and will compare the child’s situation to what would reasonably be expected in relation to a similar child. Parenting is not expected to be perfect, but the Court will look at whether the parenting has caused harm that crosses a serious threshold that justifies state intervention
The Court can consider past harm and the risk of future harm.
Does Threshold Being Met Mean my Child will be Removed?
No, even if the Court finds that threshold is met, it must still go on to decide what Order, if any, is in the child’s best interest. This is known as the welfare stage.
This means that meeting threshold does not automatically mean that a child will be removed from their parents. The Court must consider all available options and make the least interventionalist Order possible.
Can I Challenge Threshold?
Yes, threshold can be challenged in a number of ways. Parents can dispute the factual allegations being made, argue that the harm is not ‘significant’ or say that any concerns are not attributable to their care. In some cases, parents may accept some concerns but challenge the way they are presented or the conclusions drawn from them.
The Court will consider evidence from Social Workers, experts, and the parents themselves, before deciding whether the threshold criteria are met.
If you are involved in Care Proceedings or want some advice about what threshold means for you, please get in touch with Johnson Astills to see how we can assist. Please call us at our office in Leicester on 0116 255 4855 or our office in Loughborough on 01509 610 312 and ask to speak to a member of the Care Team. Alternatively, you may prefer to email us at legal@johnsonastills.com or fill in our enquiry form.
