Significant harm

Question 1

When can a child not be taken into care

Answer 1

Children cannot be taken into care just because they would be better off there, and cannot be taken if they are being harmed, only where there is significant harm.

Question 2

Case for child not being taken into care

Answer 2

Re L: It is clear that significant harm must be something unusual; at least something more than the commonplace human failure or inadequacy

Question 3

What does significant mean

Answer 3

Humberside County Council v B: “Significant” means considerable, noteworthy or important.

Question 4

What will harm be compared to

Answer 4

S 31(10) CA: significant harm turns on the child’s health or development which is compared with that which could reasonably be expected of a similar child.

Question 5

Case where Slovakian children

Answer 5

A Local Authority v DG, JT and Six Children: [T]he court has to be particularly careful not to place reliance on how children have improved when placed with foster carers who are in a better economic position than the parents. Do not want to amount to social engineering

Question 6

Should not remove to place with more affluent for sole reason

Answer 6

Luton Borough Council v Family W: it is not part of the judicial process to remove children from the less affluent and place them with the more affluent.