Demystifying Threshold - An Exploration of Re A Compliance & What This Means in Practice

Introduction

Threshold is a central feature in care proceedings. Unless threshold is crossed, no public law orders can be made. Yet properly pleading threshold can be a challenge, particularly in light of the principles set out in Re A (A Child).

This practical workshop will unpack the principles set out in Re A and explain, with examples, how to apply them in practice. It will provide a step by step guide to drafting a proper threshold, including recognising and challenging poorly drafted thresholds. It will also consider the challenges presented by thresholds involving a likelihood of harm as well as considering two other important aspects of threshold, namely, the relevant date and evidence that arises after the relevant date.

What You Will Learn

This course will cover the following:

• The principles of Re A and how to apply them in practice
• Common threshold mistakes and how to avoid them
• The definition of likelihood of harm and how to plead this in threshold
• How to recognise and challenge poorly drafted thresholds
• How to determine the relevant date
• When to rely on evidence that arises after the relevant date