Threshold documents

Helen Nettleship 42BR

Despite the landmark case of Re A (Application for Care and Placement Orders: Local Authority Failings) [2015] EWFC 11; [2016] 1 FLR 1 it is still common to find threshold documents in care proceedings which are not Re-A compliant. This article is designed primarily to be an introduction to drafting threshold documents for those new to practice but also provides more experienced practitioners with a useful reminder of the key concepts. The article is divided into three parts: (1) a summary of section 31 of the Children Act 1989 which provides the statutory framework for threshold; (2) an analysis of the case of Re A setting out its three main recommendations which are: (a) that there must be proper evidence adduced to support the local authority’s allegations; (b) that there must be clear pleading of allegations; and (c) that there must be a link between the harm alleged and the facts relied on; and (3) a list of tips which if followed should mean that any threshold document drafted is Re-A compliant.