The Law
8.The starting point is, of course, s.31 Children Act 1989 (‘CA’) which sets the ‘threshold’:(1)On the application of any local authority, the court may make an order— (a) placing the child with respect to whom the application is made in the care of a local authority; or (b) putting him under the supervision of [one]…(2)A court may only make a care order or supervision order if it is satisfied—(a) the child concerned is suffering, or is likely to suffer, significant harm; and (b) that the harm, or likelihood of harm, is attributable to—(i) the care given to the child, or likely to be given to him if the order were not made, not being what it would be reasonable to expect a parent to give to him…(9)….“harm” means ill-treatment or the impairment of health or development including, impairment suffered from seeing or hearing the ill-treatment of another; “development” means physical, intellectual, emotional, social or behavioural development; “health” means physical or mental health; and “ill-treatment” includes sexual abuse and…ill-treatment which [is] not physical…”. 9.In respect of the task of determining whether the 'facts' have been proven the following points must be borne in mind as referred to in the guidance given by Baker J in
- HHJ Walker :
- The Law
- [2013] EWHC 1569 (Fam)
- Re W and Another (Non-Accidental Injury)
- Re A, B and C
- B (Children: Uncertain Perpetrator)
- Re A (Children) (Pool of Perpetrators)
- This hearing
- My assessment of the parents
- Inappropriate handing
- Failure to take sleeping advice
- Failure to take feeding advice
