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Published online by Cambridge University Press: 22 January 2021
In England and Wales, public law proceedings, sometimes also known as care proceedings, usually involve an application by a local authority to take a child or children temporarily or permanently into its care. To do so, threshold conditions have to be met. Pursuant to the Children Act 1989, s 31(2), the court has to be satisfied that the child was suffering, or was likely to suffer, ‘significant harm’ which was attributable to the parent(s). If so satisfied, it has to be better for the child to make an order, than to make no order, and it has to be in the child’s best interests.
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