Section 31 Threshold Criteria in Care Proceedings

What the local authority must establish

The court considers whether the child is suffering, or is likely to suffer, significant harm and whether that harm or likelihood is attributable to the care given, or likely to be given, not being what it would be reasonable to expect a parent to provide, or to the child being beyond parental control.

The allegations are normally set out in a threshold document. Each factual allegation should identify the event or pattern relied upon and explain why it meets the statutory test.

• Actual or likely significant harm
• The nature and seriousness of the alleged harm
• The connection to care or parental control
• The relevant date and supporting evidence

Significant harm and evidence

Not every parenting difficulty or professional disagreement reaches the threshold. The court evaluates seriousness, duration, impact on the child and the evidence as a whole. Harm may be physical, emotional or otherwise recognised by law.

Medical records, school information, police material, social-work evidence, messages and witness accounts may all be relevant. Parents should identify what is accepted, what is disputed and what context or contrary evidence is missing.

Threshold is not the final welfare decision

Even when threshold is agreed or proved, the court must still decide what outcome best serves the child's welfare and whether an order is necessary and proportionate.

A focused response should therefore address both the historical allegations and the present plan for safe, stable care. Demonstrated change and practical support can remain highly relevant to the final decision.

Common questions