Cafcass

‘Children and Families Court Advisory and Support Service’  gives us the acronym ‘Cafcass’. The function of Cafcass is to advise the court about what is in the best interests of the child whom it represents in family proceedings. The principal functions of...

Proportionality

  ‘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...

Care and Supervision Orders

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...

Threshold Criteria

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...