Before the court may issue any type of court order, they must be satisfied that the Care Proceedings Threshold Criteria have been met.

The Care Proceedings Threshold was introduced as a way to prevent undue intervention from the Local Authority in family life.

Simply put, it is the criteria which must be met before it is taken to be correct that the Local Authority intervenes.

The Threshold Criteria for a Care Order or a Supervision Order, as outlined in Section 31 of the Children Act 1989 is that a court may only make a Care Order or Supervision Order if it is satisfied that:

  • The Children are suffering or likely to suffer significant harm and
  • That the harm or likelihood of harm is attributable to:
    • The care given to the child is not what it would be reasonable to expect the parent to give him or
    • The children are beyond parental control.

What do the terms in the definition of Threshold Criteria mean?

Harm: ill treatment or impairment of health and developments.

Development: physical, intellectual, emotional and behavioural development.

“Brendan is a very caring
and understanding man,
whilst being truthful and
upfront with issues.”Our client, Tamika

Health: physical or mental health, and ill treatment includes sexual abuse and ill treatments which are not physical.

It should also be understood that the care proceedings standard of proof is the ordinary standard i.e. on the balance of probabilities. This means that if it is more likely than not that your child is suffering or is likely to suffer significant harm – no matter how slight the margin – the threshold criteria may be considered to have been met.

Contact Us Now

Brendan Fleming Solicitors are nationally recognized as a leading choice in the area of care work. We are justifiably proud of our expertise and our success rate. We are contracted to the Legal Services Commission for this type of work and are considered to be one of the leading national firms for publicly funded services.

Our principal, Brendan Fleming, has won a reputation for his innovative approach, spearheading many new ways of securing justice for families caught in the care proceedings trap. He is a member of a select children’s panel and recognized and approved by the Law Society.

If your family is being subject to Care Proceedings, see how we can help you: contact Brendan Fleming today.

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Brendan Fleming Solicitors
165 Newhall Street BirminghamWMB3 1SW UK 
 • 0121 683 5000
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