Understanding Threshold in Care Proceedings

Threshold is an essential document in child care proceedings that sets out a list of concerns the local authority has about a child and their care. It's different for each case. This document is designed to prove to the court that a child is suffering or is at risk of significant harm. The threshold criteria are set out in Section 31(2) of the Children Act 1989.

What is the Threshold in Care Proceedings?

Before the family courts can make a supervision order, care order, or interim order, they must first be satisfied that the threshold criteria have been met. This is a crucial legal requirement that ensures the courts don’t intervene in a child’s life unless absolutely necessary.

The local authority must outline its worries and concerns about your child in a document. Each case will have its own threshold. As a parent (or someone with parental responsibility), you will be involved in the care proceedings as a party to proceedings . You can discuss the document with your solicitor and prepare a response to the concerns raised.

What are the Threshold Criteria?

The threshold is a legal test that the local authority must satisfy to prove that:

• A child is suffering or is likely to suffer significant harm.
• The harm is because of the care given (or likely to be given) to the child falling below what would be reasonably expected of a parent.
• Alternatively, a child may be beyond parental control, which also meets the threshold.

The threshold document must set out the following:

• The specific concerns or findings made by the local authority.
• The evidence the local authority relies on.
• The legal test applied is “on the balance of probabilities”—this is a lower standard of proof than in criminal cases, which require proof beyond reasonable doubt.

To meet the threshold, there must be a clear link between the facts presented and the alleged harm.

What is Meant by Harm?

Harm can be caused by:

• Commission – When someone actively does something to harm the child.
• Omission – When someone fails to care appropriately for the child, leading to harm.

Types of harm include:

• Physical harm: Any form of injury or violence against a child.
• Emotional/psychological harm: Significant emotional distress or psychological damage.
• Sexual harm: Any form of sexual abuse or exploitation.
• Neglect: Failure to provide adequate care, food, shelter, or emotional support.
• Exploitation: Situations where a child is taken advantage of in a harmful way.

The harm must be significant, considerable, noteworthy, or important. The court will assess the severity of harm on a case-by-case basis.

What is the Relevant Date for Establishing the Threshold?

The key date for deciding whether a child is suffering or is likely to suffer significant harm is the date when the local authority took protective measures.

What Happens if the Court Decides the Threshold is Met?

Even if the threshold is established, this does not mean an order will automatically be made. The court will then consider:

• The interim plan for the child.
• Whether the local authority’s proposed plan is in the child’s best interests and necessary for their safety and welfare.

Legal Support for Threshold and Care Proceedings

Understanding and responding to the threshold is crucial if you are involved in care proceedings. At Switalskis, our expert child care team is here to help you navigate the process and provide legal advice tailored to your situation. Get in touch with us through the form below or on 0800 138 0458 for advice and guidance on children's law.