If a local authority believes a child is at risk of suffering significant harm, it may decide to issue care proceedings for the child concerned. These are legal proceedings that aim to protect the child from any harm or likelihood of harm, and potential outcomes include a supervision order (where a social worker will help your family to make the necessary changes) and a care order (where the local authority takes responsibility for the child).

Naturally, involvement in these proceedings can be very emotional, and it's important to know that the law has strict rules in place to protect your family. A local authority can’t simply decide to take a child into care - it must apply a legal test to see whether the situation meets the relevant ‘threshold criteria’, which gives families an opportunity to avoid the most serious outcomes. Understanding these criteria can help you to understand your legal position and pursue the outcome that will work best for them.

The child care law team at Switalskis is an experienced team of solicitors who regularly act on behalf of families during care proceedings, and we apply our detailed knowledge of the relevant criteria to secure positive outcomes. Here, we explain the criteria, how they are used in care proceedings and the steps you can take to protect your child.

What are the 'threshold criteria'?

The rules that govern when a court can make a care order or a supervision order are set out in Section 31(2) of the Children Act 1989. They are sometimes called Section 31 threshold criteria, and state that for the court to intervene by making an order, the local authority must prove two key things:

1. The child is suffering, or is likely to suffer, significant harm.
2. This harm is because the parent or carer is not providing a reasonable standard of care, or because the child is beyond parental control.

These aspects must be proved on the balance of probabilities, meaning that it’s more likely than not that they are true in any given case. It’s not enough for the local authority to show that a child is suffering harm. It must also prove that the harm is due either to the care given or likely to be given to the child, or the fact that the child is beyond parental control.

If the local authority aims to show that the care given to the child is causing harm, it must show that the standard of care provided falls below what the law would reasonably expect a parent to provide. If the risk of harm comes from the child’s own behaviour, and the parent is unable to manage them, this can be more straightforward to prove.

In cases where the local authority can’t prove these points, the court won't make a care or supervision order, and the proceedings will end. When working with a solicitor, it will be their job to challenge the evidence used by the local authority and make sure that orders are only issued when absolutely necessary.

What does the law mean by ‘significant harm’?

The idea of significant harm is fundamental to the threshold criteria, and because it is subject to interpretation, it offers another area where your solicitor's input can affect the court's view. The law provides guidance on behaviours that constitute significant harm, and these thresholds must also be met before the court will intervene:

• Harm is defined as ill-treatment or the impairment of a child’s health or development. This includes physical, emotional, or sexual abuse and neglect. It also covers any harm a child may suffer from seeing or hearing the ill-treatment of another person.
• Significant means the harm is considerable, noteworthy or important. To decide if harm is significant, the court will look at the child’s physical and mental health and development, and compare it to what could be reasonably expected of a similar child of the same age.

There isn't a simple checklist for what counts as significant harm. It can be a single event, but more often it’s a series of events that have damaged a child’s welfare. The key thing is that the level of harm must be serious enough to justify the state stepping into family life.

What is a threshold document?

When a local authority starts care proceedings, it must present its evidence to the court. This is usually done in a formal document called a ‘threshold document’ or ‘threshold statement’. This document sets out the specific concerns the local authority has, and list the facts the local authority is relying upon to show that the child is suffering or is likely to suffer significant harm.

Every party involved, including the child’s parents, will have a chance to respond to the points raised in the threshold document and challenge the facts relied upon. For this reason, it is vital to work with a solicitor during any such proceedings. The team at Switalskis will examine all of the evidence that the court considers relevant and present evidence on behalf of the child's family, including the child's feelings and wishes if the child's age enables them to participate in this way. The court will also hear evidence from social workers, parents, and any other relevant person it wishes to consult (including any experts appointed by the court) before it can be satisfied that the threshold has been met.

What happens after the court makes a decision on the threshold?

Meeting the threshold criteria is the first stage of care proceedings. If the court determines that the threshold is not met, the case is dismissed. If the threshold is met, the court can then move on to the next stage, where it will decide what orders, if any, are needed to protect the child's welfare.

The child’s interests are the court's paramount consideration. The court will apply a ‘welfare test’ and consider all the child's circumstances before making a final decision. This can involve making a care order in the most serious cases, where the local authority will take over parental responsibility for the child. It may also opt for an interim care order, which gives the local authority shared parental responsibility while further assessments happen. Another option is a supervision order, where a social worker who specialises in children's services will advise, assist and befriend the family to monitor and improve the situation at home.

How can Switalskis help?

Facing care proceedings is a daunting experience, because the outcome of a hearing about the threshold criteria can have a huge impact on your family’s future. The law can be complicated, but you have a right to express your views and pursue the best possible outcome for your child. As such, it is essential that you seek legal advice from a specialist solicitor at the earliest opportunity.

The dedicated team at Switalskis has expertise you can trust, and a track record of delivering the best possible outcome in a variety of cases. Often, we are able to resolve concerns about child welfare through mediation or other dispute resolution processes, before court proceedings are necessary. We will explain the process clearly, make sure your voice is heard and help you to present your case in court if we need to. If you have been contacted by a local authority about your child, call us today on 0800 1380 458 or use the form on our site to receive sensitive, confidential advice.