A practical guide to understanding ‘threshold’ in care cases

In public children law cases, family lawyers must have a strong understanding of the evolving issues surrounding the threshold criteria. It’s crucial to know how it operates, the types of evidence required to establish it, and how to respond effectively, particularly in navigating the complexities of ‘past’ and ‘future’ harm. This webinar will equip you with the knowledge and confidence to tackle these challenging threshold issues in care proceedings. We’ll explore key case law, practical insights, and procedural best practices, ensuring you’re well-prepared to handle these critical aspects of children law.

Topics covered include:

• Threshold criteria – what to establish and why?
• How can one deal with threshold effectively at interim and final hearings? Difference between s.38(2) and s.31(2) CA 1989 in practice
• Threshold statements and responses – how to respond to threshold
• Linking the facts with showing harm and/or likelihood of harm – implications of Re A (A Child) [2015] EWFC 11
• Consideration of Re BR (Proof of Facts) [2015] EWFC 41
• Does threshold need to be established in all cases? Consideration of WBC v. A [2016] EWFC B70
• Threshold involving children in the same set of proceedings – consideration of Re L-K (Children) [2015] EWCA Civ 830
• Consideration of diverse standards of parenting
• If threshold are met, will removal be sanctioned? What about welfare contact/family time, and/or the care plan?
• Threshold when one parent has killed another – consideration of Re A and B [2010] EWHC 3824  
• Threshold and need for an order- implications of LCC v. AB and Others [2018] EWHC 1960 (Fam)
• Threshold from previous proceedings and position with new allegations – implications of Re J (A Child) 2013 and H-W (Care Proceedings: Further Fact – Finding Hearing) 2023 EWCA Civ 149 
• Threshold based on future harm – implication of Re B (A Child) [2013] UKSC 33