LAW

Law



Question 2

What grounds the local authority would need to establish to apply for a care order (i.e. the threshold criteria) in respect of Barry and Felicity?

The given scenario is showing that Barry is living in confusion as he does not attend the school because he wanted to live a life of his own will. Now, it is important to talk about the grounds that local authority need to establish in order to create a threshold criteria in the perceptive of Children Act 1989. Local authority knows that this act is important because it is creating a balance between two objectives and establishing threshold criteria which should be crossed before a court can consider what order may be applied in order to protect a child (Featherstone et al, 2012, pp. 618-633).

The court gives order only in these two following situations:

The concerned child is suffering, or may suffer any harm

The harm or concurrence of harm is attributable to the child care, or may occur when the order is not made and, there is also a possibility when child is beyond the parental control. The second limb of the section 31 (2) illustrates that the least amount criteria for allowing non-voluntary State intervention in the case of undamaged children. When considering the threshold criteria, the court is aimed to provide a balance in providing protection to child from two harms such as; the child may be also be at risk when left with his parents and, also when he is removed from the parental care and, the parents do not present any risk.

Now, local authority has to set the grounds that these children are out of control and life of Barry is at risk. Local authority can establish grounds on the basis of complain of Mr. Johns who is disturbed by the nuisance due to the parties of Barry on nights. Local authority can show that Barry is getting out of control and sitting with wrong guys as he is also not going to school. In this way, the life of Barry is at risk which is enough for creating a ground and establishing a threshold criteria and care should be given to father.

Felicity is just 9 years old and she is not getting proper attention from her mother. The mother is taking anti depressants and most of the time, she is spaced out. As she is not giving proper attention to Felicity, local authority can emphasize that the life of Felicity is at risk when she is left with her mother and care should be taken to father.

What evidence there is to suggest the threshold criteria are met for the two children?

There are evidences which indicate the threshold criteria for both, Barry and Felicity. The one evidence is in Barry's scenario, where he is restless or disturbed doing unexpected things. Barry has to go to school but he is involved in wrong activities. The other evidence is related to Felicity, who is a regular child at school but complaining ...