(2012) 55 EHRR 33
which stated that family relationships should be preserved, families rebuilt and family ties only severed in exceptional circumstances, and that it is not enough to say that a child could have a more beneficial environment for their upbringing elsewhere. If a child’s parent is able to provide good enough parenting then their upbringing ought to be undertaken by them. 36.A requirement before any section 31 orders may be made, is that the court must be satisfied that the threshold test set out in section 31(2) Children Act 1989 is met, either by agreement or by findings, namely: at the time protective measures were put in place in December 2020, X had suffered and/or was likely to suffer significant harm and that harm or likelihood of harm was attributable to the care given to him or likely to be given to him, if an order was not made, not being what it would be reasonable to expect a parent to give him. I have seen and am satisfied with the agreed final threshold document which sets out the history relating to X’s parents’ vulnerabilities and failings and the impacts upon his older siblings and the consequent risk of significant harm to X. 37.In relation to any findings: the standard of proof is the civil standard i.e. the simple balance of probabilities; and where I have described events or made findings, I have applied the balance of probabilities, the burden of proof being on the party seeking the finding. In making any findings I have considered all the evidence and submissions, even if every potentially relevant factor may not be specifically cited (see paras 37 and 39 per Black LJ in
- JUDGMENT
- Re R (A Minor) (Experts’ Evidence) [1991] 1 FLR 291
- Re FS (A Child: Placement Order)
- https://www.bailii.org/ew/cases/EWCA/Civ/2021/1212.html
- Re R
- Re BS
- (2012) 55 EHRR 33
- Re T-B-N (Children)
- University of Glasgow - Schools - School of Health & Wellbeing - Research - Mental Health and Wellbeing - Research - Research projects - The BeST? Services Trial
