In Re G (Children) (Care Order: Evidence of Threshold Conditions): CA 5 Jul 2001

It should be routine that, when presenting a case before a court to apply for a care order, the applicant authority should provide a written statement of the reasons, upon which it argued that the threshold conditions had been met. That statement should be based upon the evidence available at the time the decision to apply was made, and the authority must show that the threshold had been crossed when the application was made. After-acquired evidence might be included, but the authority should not set out only in the hope that evidence would turn up. Even so, the court must allow for the continually changing situation against which such applications are made, and admit evidence accordingly.

Citations:

Times 05-Jul-2001, Gazette 12-Jul-2001

Statutes:

Children Act 1989 31(2)

Jurisdiction:

England and Wales

Children

Updated: 08 May 2022; Ref: scu.81899