Threshold criteria in public child care cases – key principles

Children law practitioners need a clear and practical understanding of how the Threshold Criteria operates within public child care proceedings. This webinar will provide an overview of the key legal principles, procedural requirements and recent judicial developments relating to threshold, helping practitioners become more confident in both drafting and responding to threshold documents.

The webinar will explore leading authorities, practical considerations and current judicial approaches, including recent developments concerning the ‘deemed acceptance’ of threshold criteria and the relationship between threshold, welfare and care planning.

Topics covered include:

• Threshold Criteria – What is it and why is it so important?
• Difference between s.38(2) and s.31(2) CA 1989 in practice.
• Threshold statements and responses
• 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? Effect 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
• Threshold, welfare, contact/family time, and the care plan – how are these connected?
• Threshold met on actions/inaction pre-birth – implications of Re W (A Minor) (Death of Mother Before Birth of Child: Threshold Criteria) [2024] EWFC 350