Children

Care proceedings - evidence - proof of threshold criteriaIn re G (Children) (Care Order: Threshold Criteria): CA (Aldous, Hale and Jonathan Parker LJJ): 22 June 2001Care proceedings were brought by two local authorities in respect of D and E, two young children of the same mother whom they believed to be at risk of harm within the meaning of section 31(2) of the Children Act 1989.The trial judge declined to make care orders in respect of either child, or a supervision order in respect of D, on the ground that the threshold criteria had not been made out, but he made a supervision order in respect of E.

The local authorities appealed.Lucinda Davis (instructed by head of legal division, Hampshire County Council, Winchester and solicitor to Surrey County Council, Kingston-upon-Thames) for the local authorities.

Paul McCormick (instructed by Clerey's, Aldershot) for D's mother.

Ashley Ailes (instructed by Hawke & Co, Basingstoke) for E's parents.

Beresford Kennedy (instructed by Groves Coggan, Farnham) for the guardian ad litem.Held, allowing the appeal in part, that in care proceedings it should be routine for a local authority to make a statement of the facts it wished the court to find, and the basis of its allegation that the threshold had been crossed at the date when the authority had intervened to protect the child; that to determine whether the criteria had been met the court could take account of later acquired information concerning the state of affairs at the relevant date and later events where they were capable of proving the state of affairs when the proceedings had begun; and that, on the facts, the criteria had been made out in respect of D and a supervision order would be made.

(WLR)