by Sarah P | Aug 24, 2014 | Dictionary
‘Proportionality’ is the key concept to understanding how family law operates. This comes from Article 8 of the European Convention on Human Rights and Fundamental Freedoms (ECHR). The ECHR has been given ‘direct effect’ into domestic law by the Human Rights...
by Sarah P | Aug 24, 2014 | Dictionary
Care and Supervision orders were created by Part IV of the Children Act 1989. On the application of the local authority (LA) or the NSPCC the court can consider making either order if the provisions of section 31 are made out. This requires the judge to be satisfied...
by Sarah P | Aug 24, 2014 | Dictionary
A care or supervision order can only be lawful if the court satisfies a two stage test. The first stage – the threshold stage – there must be sufficient reasons to justify making a care or supervision order, i.e. the case must cross a threshold. This threshold can...
by Sarah P | Aug 24, 2014 | Dictionary
In care proceedings, the civil standard of evidence applies. This means that the court has to be satisfied that the evidence to show that your child is suffering or is at risk of suffering significant harm has been proved on the balance of probabilities. This phrase...
by Sarah P | Aug 24, 2014 | Dictionary
Under section 31(2) of the Children Act 1989, a court can only make a care or supervision order if there is evidence on the balance of probabilities that a child has suffered or is likely to suffer ‘significant harm’. ‘Harm’ is defined by...
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