LOVING BUT POTENTIALLY HARMFUL PARENTS IN THE SUPREME COURT

The “threshold” that must be crossed before a child can be compulsorily taken into state care requires a finding that he “is suffering or is likely to suffer significant harm”, attributable inter alia to the relevant care “not being what it would be reasonable to expect a parent to give” (Children Act 1989, s. 31(2)). If the relevant “harm” is “the impairment of health or development” (s. 31(9)), its significance is determined with reference to the health or development that “could reasonably be expected of a similar child” (s. 31(10)). In deciding to make a care order, however, the judge must still be satisfied that he is treating the child’s welfare as the “paramount” consideration (s. 1) and must act compatibly with the European Convention on Human Rights