welfare stage Flashcards
What does satisfaction of the TT
gives the court discretion of whether or not to grant an order
What is engaged in the WS
Art 8 it must be necessary and proportionate to make an orde
What must the court have regard to
the court must have regard to any harm
Allegations not proved on the BoP
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
approach in welfare stage to uncertain
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.
What about if the child has not been harmed and is living with possible perpetuator of harm
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
What if the child is living with all possible perpetrators of harm
Enough to satisfy Re J (CA)
Why is desirable to know who inflicted the harm
Re K; in public interest, Re SB to know who inflicted harm helps protect from future harm