My Lords, this amendment is concerned with the standard of proof in care proceedings. I am conscious that the purpose of the amendment may not be crystal clear, so I have prepared a note setting out the background to the amendment, and it contains the wording of the section that we will be discussing. Many Members may already have a copy of that note but, if not, it is on the table.
The relevant section is Section 31 of the Children Act 1989, which provides the threshold that must be crossed before a child can be taken into care. However, it is only a threshold. If the threshold is crossed, it does not mean that the child is necessarily taken into care. That is decided at the later, welfare stage when all the matters set out in Section 1 of the 1989 Act must be taken into account. This is all well known to the Committee. Conversely, if the threshold is not crossed, the court has no power to intervene.
Section 31 provides that a child may be taken into care only if,
“the child concerned is suffering, or is likely to suffer, significant harm; and … the harm, or likelihood of harm, is attributable to … the care given to the child”,
falling short of what it would be reasonable to expect. Those words are simple enough and they pose two questions which, I suggest, should be capable of being answered without too much help from us lawyers. Sadly, that has not proved to be the case.
6.22 pm