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Overcoming Threshold - A Practical Guide to Threshold in Care Proceedings
Paperback
ISBN13: 9781914608261
Publisher: Law Brief Publishing
Published: Sep 23 2022
Pages: 130
Weight: 0.42
Height: 0.28 Width: 6.14 Depth: 9.21
Language: English
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
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