English to Romanian Law/Patents Law: Taxation & Customs Social work

What does ‘threshold criteria’ mean?

You will often hear the phrase ‘threshold criteria’ or ‘threshold analysis’ being used in care proceedings but unsurprisingly, anyone who isn’t a lawyer or social worker, often doesn’t understand what it means. In summary, the ‘threshold criteria’ are the facts that a local authority have to prove if they want the court to make a care order or a supervision order.

The ‘Two Stage’ Test in care proceedings
In order to justify making a care or supervision order, the court has to satisfy a two stage test:
The first stage – the threshold stage – there must be sufficient reasons to justify making a care or supervision order – or in other words, the case must cross a threshold. This threshold can only be crossed if the court agrees:
that things have happened which have already caused significant harm to a child,
or pose a serious risk that significant harm will be suffered in the future,
or which show that the child is beyond parental control.
If the child is not suffering or at risk of suffering significant harm there CANNOT be a care or supervision order. This is because the requirements of section 31(2) of the Children Act 1989 will not be met.
The second stage – the welfare stage – even if the threshold is crossed, it must be in the child’s best interests to make an order. It is not inevitable that a care order will be made every time a child has suffered significant harm (but it is likely).