Attributable to parental care

Question 1

What has parental care been interpreted as

Answer 1

Lancashire CC v B (HL) majority as parental or primary care

Question 2

Can the TT be satisfied if directly attributable to parental care

Answer 2

Yes, if on BoP

Question 3

What if harm was attributable to a third party

Answer 3

If a TP has caused harm on the BoP then must be able to show that the parent can be indirectly attributable for an unreasonable failure to protect from harm.

Question 4

What if unexceptionally entrusted to a TP

Answer 4

if unexceptionally entrusted and no reasonable belief that would harm the child then TT test not satisfied as harm must be attributed on BoP to parent

Question 5

What did Lord Nicholls in the majority argue about TP and indirect attribution

Answer 5

If harm attributable on BoP TP only satisfy the TT where can attribute indirectly to a parent. But S 31(2)(b) does not make any mention of harm attributed to poor care provided by the care of a parent, therefore reads words into the statute and could not have been intended to be lose child when harm caused by anyone

Question 6

What did Lord Cldye argue in the minority in Lancashire

Answer 6

That where shown on the BoP the TT can be satisfied no matter who harmed the child if the care feel below the standard reasonably to be expected, as it would be sufficient to allow the judges to decide if in BI to remove child

Question 7

What is the standard in shared care/uncertain perpetrator cases

Answer 7

there must be a real possibility that it was the parent who inflicted the injuries: Lanchashire

Question 8

What is a possibility

Answer 8

N Yorkshire CC v SA (CA) a possibility means a real one

Question 9

Can this lower standard of proof be used when only parents involved

Answer 9

Re SB (SC) and Re O and N (HL) makes clear that uncertain perpetuator can extend if necessary to cases of parents, but can usually attribute on the BoP to one and the other indirectly