In the matter of K (A Child)

In the matter of K (A Child)

The judge erred by limiting his consideration to the mother's behaviour with K, failing to focus on the relevant date for threshold assessment, and entangling threshold and welfare outcome. The threshold for intervention under section 31 of the Children Act 1989 was obviously met based on the parents' histories and professional evidence.

Parties
Subject: K (A Child); Appellant: Children's Guardian; First Respondent: Mother; Second Respondent: London Borough of Hackney
Jurisdiction
England and Wales
Judgment Date
04 September 2018
Procedural Posture
Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Care Orders, Threshold Criteria, Children Act 1989, Significant Harm, Welfare Assessment
Family Law Child Protection Care Orders Threshold Criteria Children Act 1989 Significant Harm Welfare Assessment

Case Brief

Summary, issues, holding and outcome

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Parties

K (A Child)

Subject

Children's Guardian

Appellant

Mother

First Respondent

London Borough of Hackney

Second Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the threshold for intervention under section 31 of the Children Act 1989 was met
  2. 2 Whether the judge erred by limiting consideration to the mother's direct behaviour towards the child
  3. 3 Whether the judge misdirected himself regarding the relevant date for threshold assessment

Ratio Decidendi

The judge erred by limiting his consideration to the mother's behaviour with K, failing to focus on the relevant date for threshold assessment, and entangling threshold and welfare outcome. The threshold for intervention under section 31 of the Children Act 1989 was obviously met based on the parents' histories and professional evidence.

Court Disposition

appeal allowed

Orders

  • Judge's finding that the threshold of likelihood of significant harm had not been crossed is set aside
  • Threshold document endorsed with specified modifications