Supreme Court
In re J (Children) (Care Proceedings: Threshold Criteria)
[2012] EWCA Civ 380
[2013] UKSC 9
2012 Feb 1;
April 3
Lord Judge CJ, Lord Neuberger of Abbotsbury MR, McFarlane LJ
2012 Dec 17, 18;
2013 Feb 20
Lord Hope of Craighead DPSC, Baroness Hale of Richmond, Lord Clarke of Stone-cum-Ebony, Lord Wilson, Lord Sumption, Lord Reed, Lord Carnwath JJSC
ChildrenCare proceedingsThreshold conditionsJudge’s finding that child suffering significant harm caused by either mother or father or bothIdentity of perpetrator not proven on balance of probabilitiesMother subsequently forming relationship with different man and caring for his two childrenMother having further childLocal authority bringing care proceedings in respect of all three childrenWhether children “likely to suffer significant harm”Whether court able to rely on judge’s finding in previous proceedings Children Act 1989 (c 41), s 31(2)

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