Re B-T (A Child) (Threshold Conditions) (2020)

Alison Grief QC and Chris Barnes successfully represented the local authority in Re B-T (A Child) (Threshold Conditions) [2020] EWCA Civ 697 appealing against a finding of a Deputy High Court Judge that threshold had not been satisfied following a fact-finding hearing. The Court of Appeal substituted a positive finding on threshold and remitted the matter back to the Family Court for consideration of the welfare issues in the case.

The case provides a helpful review of the law on the threshold test for future harm and is of importance to practitioners providing detailed consideration of  the circumstances in which a court at first instance should exercise its jurisdiction, pursuant to s.40 of the Children Act 1989, to make a care order pending appeal.

To read the full judgment click here.