Re B (A Child) (Care order) (2013) UKSC 33

Abstract

This commentary considers the problems posed for the court in making a finding of significant harm in care proceedings where the risk of harm to the child is solely the likelihood of future emotional abuse. A second notable feature of the judgment is the Supreme Court's decision about the proportionality of making an adoption order against the wishes of the birth parents. The implications for future care proceedings are explored.

Keywords::

• care proceedings
• emotional abuse
• threshold criteria
• significant harm
• interim contact
• expert evidence
• adoption
• proportionality