Overcoming Threshold - A Practical Guide to Threshold in Care Proceedings (Paperback) (ISBN-13: 9781914608261)

This practical guide is aimed at care practitioners looking to get to grips with the complexities of threshold, whether from the point of view of the local authority or a parent. Establishing threshold is central to any care proceedings but the case law around threshold is often difficult to navigate. This book aims to address this by collating all the relevant guidance and case law in one comprehensive handbook, including practical examples.

This book will explore the key principles of threshold, including the leading case of Re A (A Child) [2015] EWFC 11, and tackle potentially thorny problems such as the relevant date and risk of significant harm. Each chapter will consider a different aspect of threshold and look in depth at the issues and case law arising from it, while providing concrete advice and examples. This book also considers both interim and final threshold and explores the practical difference between the two. The book provides top tips for both drafting and responding to threshold and concludes by providing a list of cases cited within each chapter.

ABOUT THE AUTHORS

Sophie Crampton is a barrister at Four Brick Court, specialising in care proceedings. She has been involved in a variety of complex matters such as cases involving children traveling unaccompanied from abroad, children and parents with significant physical or mental health needs and cases invoking the court's inherent jurisdiction. Sophie has extensive experience of drafting thresholds as well as challenging them and has recorded a webinar entitled 'Demystifying Threshold' with MBL seminars.

CONTENTS

Section One - Threshold Elements

Chapter 1 - What Is Threshold?

Chapter 2 - Findings

Chapter 3 - Re A

Chapter 4 - Relevant Date

Section Two - Harm

Chapter 5 - Significant Harm

Chapter 6 - Risk of Future Harm

Section Three - Attributing Harm

Chapter 7 - Causation

Chapter 8 - Beyond Parental Control and the Questions Around Causation

Chapter 9 - Care Given to the Child

Chapter 10 - Reasonable Care

Section Four - Evidence

Chapter 11 - Adult Witnesses

Chapter 12 - Child Witnesses

Chapter 13 - Expert Evidence

Chapter 14 - Evidence Arising During Proceedings

Section Five - Practical Tips and Conclusion

Chapter 15 - Practical Tips for Drafting and Responding to Threshold Findings

Chapter 16 - Practical Tips for Using Evidence When Drafting and Responding to Threshold

Chapter 17 - Conclusion