Welfare principle in public law proceedings


Published by a ÑÇÖÞÉ«ÇéÍø Family expert
Practice notes

Welfare principle in public law proceedings


Published by a ÑÇÖÞÉ«ÇéÍø Family expert

Practice notes
imgtext

This Practice Note outlines the application of the welfare principle as provided for in the Children Act 1989 (ChA 1989) in public children proceedings. It details the court's discretion and the impact of the welfare principle together with the welfare checklist. It also provides practical guidance on the paramountcy principle, the avoidance of delay, concurrent and twin-track planning and early permanence (formerly known as ‘fostering to adopt’).

ChA 1989 creates a two-stage process, which can be carried out in the same or in more than one hearing, before the court can exercise its discretion to make a care or Supervision order:

  1. •

    the first stage requires the court to consider the threshold criteria in ChA 1989, s 31(2)

  2. •

    the second stage is the consideration by the court of the welfare principle

This Practice Note concerns the second, welfare, stage. The Local authority must prove the threshold criteria, before the court can reach the welfare stage—see Practice Notes: Threshold criteria and Principle of Significant harm.

On 22 April 2014, the Public Law Outline (PLO) for

Powered by Lexis+®
Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Supervision order definition
What does Supervision order mean?

An order placing a child under the supervision of a local authority (or a probation officer) and the local authority through a social worker is required to advise, help and befriend the child.

Read more readmore

Popular documents

Can an adult apply to revoke an adoption order that was made during their minority?

Can an adult apply to revoke an adoption order that was made during their minority?The adoption of a child severs all the child’s legal ties with their birth family and establishes a new legal relationship with the child’s adoptive family. The law does allow for applications to revoke an adoption

Can the court, within care proceedings, make a non-molestation order of its own motion that prevents a

Can the court, within care proceedings, make a non-molestation order of its own motion that prevents a parent from entering the family home?Section 42(2)(b) of the Family Law Act 1996 (FLA 1996) provides the court with the power to make a non-molestation order of its own motion in any family

Public children—threshold criteria

Public children—threshold criteriaThis Practice Note details the threshold criteria as set out in section 31(2) of the Children Act 1989 (ChA 1989) and the public children law applications to which it applies. It sets out the definition of the threshold criteria as provided for in ChA 1989 and the

Reports under section 37 of the Children Act 1989

Reports under section 37 of the Children Act 1989Under section 37 of the Children Act 1989 (ChA 1989), the court has the power to order a local authority an investigate the welfare of a child if it appears that a public law order, namely a supervision order or a care order, may be appropriate. The