A tottering edifice built on inadequate foundations

Bravo President – hopefully this judgement will be of such import as to signal the pendulum swinging back from the outer limits of obfuscation and using future emotional harm to establish threshold towards the less-interventionism which has always underpinned the Children Act, in practice and not just theory.

suesspiciousminds

The President’s decision in Re A (a child) 2015 in which the Court were asked to make a Care Order and Placement Order on a child who was not quite a year old, and refused to do so – even more significantly finding that the threshold criteria for making such orders were not made out, and castigating professionals for sloppy thinking and lack of rigour in their analysis of significant harm.

http://www.bailii.org/ew/cases/EWFC/HCJ/2015/11.html

(It comes pretty close to how I expected the Supreme Court to have dealt with threshold in the Re B case, but in the event, Baroness Hale was the only one who went near that)

Skipping ahead to the core analysis and decision on threshold and the applications:-

  1. I have gone through the local authority’s various concerns in some detail. As I have explained, many of the local authority’s allegations have been abandoned or cannot, for the reasons I have given…

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