Re A (A Child)
A local authority seeking to prove the threshold must establish its case with proper evidence, not mere assertion, and must link the facts alleged to the conclusion that the child is at risk of significant harm.
Facts
A local authority applied for a care order in respect of a child, with a plan for adoption, alleging that the father posed a risk to the child because of his past conduct, including allegations of violence and of sexual offending, and because of his lifestyle. Much of the local authority's case was based on assertions in its documents, rather than on evidence, and the father disputed many of the allegations.
Legal principle
Sir James Munby P dismissed the application. He said that it is for the local authority to prove, on the balance of probabilities, the facts on which it relies, and that assertions in social work documents, however strongly expressed, are not evidence. The local authority must also show why the facts it proves justify the conclusion that the child has suffered or is at risk of suffering significant harm. Many of the matters relied on were not proved, and those that were did not show a risk of significant harm. The judgment emphasised that the state may not remove children merely because their parents' lifestyles are unconventional.
Related cases on care proceedings and adoption
- Re B (A Child) (Care Proceedings: Threshold Criteria) [2013] UKSC 33, [2013] 1 WLR 1911
- Re B (Children) (Care Proceedings: Standard of Proof) [2008] UKHL 35, [2009] 1 AC 11
- Re B-S (Children) [2013] EWCA Civ 1146, [2014] 1 WLR 563
- Re G (A Child) (Interim Care Order: Residential Assessment) [2005] UKHL 68, [2006] 1 AC 576
- Re H (Minors) (Sexual Abuse: Standard of Proof) [1996] AC 563
- Re J (Children) (Care Proceedings: Threshold Criteria) [2013] UKSC 9, [2013] 1 AC 680
- Re L (Care: Threshold Criteria) [2007] 1 FLR 2050
- Lancashire County Council v B [2000] 2 AC 147
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This summary is for study and revision and is not legal advice. Although our case summaries are checked for accuracy, we do not guarantee that they are free from errors or omissions. Always read the full judgment for the court's reasoning.
