the protection of children Flashcards
A child suffering abuse has a right to be protected by the state if the state knows or ought to know of the abuse
E v UK
Child suffering harm is assessed by comparing them with another similar child of the same intellectual and social development
Re O (A Minor) (Care Proceedings: Education) (1992)
The law must tolerate diverse parenting and shouldn’t expect perfect parents
Re L (A Child) (Care: Threshold Criteria) (2007)
Abuse must be ongoing at the time protection is initiated for a child to be currently suffering harm
Re M (A Minor) (Care Order: Threshold Criteria) (1994)
A care order based on the threshold criteria cannot be made on suspicions but on facts proven on the balance of probabilities
Re B (Children) (Fc) Appellate Committee
Interpretation of “care attributable to” under s31(1)(a); shared care between parents and child carer is considered
Lancashire County Council v. B [2000]
LA can depart from care plan provisions once they have received a care order
Re S, Re W (Children: Care Plan) [2002]
“Significant” in significant harm means considerable, noteworthy, important
Humberside CC v B 1993
Child being shaken by childminder and not parents still meets the threshold criteria as the care was shared between the parents and child carer. It was clear it was either the parents or childminder who done this. If it was stranger or parents, threshold criteria would not be met.
Courts may refuse a care order because of the welfare principle even in this case
Lancashire County Council v. B [2000
whether they can prove likely to suffer significant harm depends on the evidence they have gathered during their investigations. The court will have to be convinced and not assume significant harm based on facts and a balance of probabilities.
Re H
EPO should only be used as a last resort
Re X (EPO) 2006
