Re MA and Others (Children): CA 31 Jul 2009

Children appealed against dismissal of their care proceedings on the basis that the threshold had not been reached. The parents resisted.
Held: It could not be said that the decision so plainly wrong that the judge’s conclusion on the facts could be set aside.


[2009] EWCA Civ 853, [2010] 1 FLR 431, [2010] 1 FCR 456, [2009] Fam Law 1026




Children Act 1989 31


England and Wales


CitedHumberside County Council v B 1993
The justices had found that a child was likely to suffer significant harm on the basis that there was evidence of such harm as the court should take into account in considering the child’s future.
Held: The finding was upheld. Booth J . .
CitedIn Re KD (A Minor) (Ward: Termination of Access) HL 1988
The local authority sought to terminate parental contact with a child taken into care under a wardship.
Held: The court had to consider the human rights of the parent as against the welfare interest of the child. Lord Oliver of Aylmerton said: . .
CitedRe L (Care: Threshold Criteria) FD 2007
Toleration of Diverse Parenting Standards
Hedley J considered the meaning of ‘significant harm’: ‘What about the court’s approach . . to the issue of significant harm? In order to understand this concept and the range of harm that it’s intended to encompass, it is right to begin with issues . .
CitedRe L (Children), (Care Proceedings: Significant Harm) CA 25-Aug-2006
The Court allowed an appeal by parents against a judge’s conclusion that their children had suffered and were likely to suffer significant harm and it remitted the issue for re-hearing. The professional evidence had been that the parents’ . .
CitedIn re H and R (Minors) (Child Sexual Abuse: Standard of Proof) HL 14-Dec-1995
Evidence allowed – Care Application after Abuse
Children had made allegations of serious sexual abuse against their step-father. He was acquitted at trial, but the local authority went ahead with care proceedings. The parents appealed against a finding that a likely risk to the children had still . .
Lists of cited by and citing cases may be incomplete.


Updated: 20 December 2022; Ref: scu.368597