welfare stage

Question 1

What does satisfaction of the TT

Answer 1

gives the court discretion of whether or not to grant an order

Question 2

What is engaged in the WS

Answer 2

Art 8 it must be necessary and proportionate to make an orde

Question 3

What must the court have regard to

Answer 3

the court must have regard to any harm

Question 4

Allegations not proved on the BoP

Answer 4

An allegation not proved on the BoP at the welfare state can not be considered Re M and R (HL) extends Re H and R (CA) into the welfare stage

Question 5

approach in welfare stage to uncertain

Answer 5

Re O and N; Re B (HL) extends Lancahcsire into the welfare stage. In an uncertain perpatrot case where there was a real possibility that the parent inflicted the injuries , as to follow Re H and R would leave with a possible perpetrator of harm.

Question 6

What about if the child has not been harmed and is living with possible perpetuator of harm

Answer 6

this will not be enough that another child has been possibly harmed to show that the new child is likely to suffer Lancashire; Re J (CA), unless additional grounds that the child is likely to suffer

Question 7

What if the child is living with all possible perpetrators of harm

Answer 7

Enough to satisfy Re J (CA)

Question 8

Why is desirable to know who inflicted the harm

Answer 8

Re K; in public interest, Re SB to know who inflicted harm helps protect from future harm