Is suffering or is likely to suffer Flashcards
What does suffering exclude
Is suffering excludes past harm that is over and done with. If the harm is not likely to recur then there is no need for a care order.
When is the time for assessing is suffering
Re M (HL) The relevant date with respect to which the court must be satisfied is the date at which the local authority initiated the procedure for protection … from which these arrangements followed.
Northamptonshire CC v S
Interception into accommodation is LA initiated procedure for protection, agreed as otherwise made clear LA will apply for a coercive order.
Is likely to suffer
Re H and R: A real possibility, a possibility that cannot sensibly be ignored, having regard to the nature and gravity of the feared harm in the particular case.
Re B
Some harm is so catastrophic that even a relatively small degree of likelihood should be sufficient to justify the state in intervening to protect the child before it happens, for example from death or serious injury or sexual abuse
Re MA (CA)
-Children not likely to suffer harm. The fact that their parents had ill-treated a child living in their house did not make it likely that they would abuse their own children:
Wilson’s dissent in Re MA
, Wilson dissented and held there was good evidence that … the parents’ biological children are treated differently. The conduct of the parents towards A was so grossly abnormal as to show a capacity for cruelty towards children which, surely, gives rise to a real possibility that it would also be directed towards their own children
AP v Vale of Glamorgan
man who injured his 3 year old nephew by shaking him. Not found he would harm his own children. The child was not his own, the age of the child. The incident seemed to be out of character
date for likely to suffer
Authority initiated protective arrangements: Southwark London Borough Council v B
