Mr Justice Ryder: The Risk Fallacy: A Tale of Two Thresholds

The Honourable Mr Justice Ryder

Despite a number of attempts by the Court of Appeal and the House of Lords to interpret the child protection purpose of the Children Act 1989 in a way that is compatible with the human rights principles that informed its drafting I am going to suggest that a formula for the determination of the threshold in s 31 the facts in issue and the component elements of welfare in s 1(3) has eluded their Lordships' House.

As we approach the introduction of a new and more coherent case management process that is designed to identify the key issues and help to narrow and resolve them within a timetable for the child I believe it is both appropriate and necessary that we also re-examine our risk assessment and decision-making process. In particular I seek to suggest that we need to have a measured and rational debate as to whether in the determination of a likelihood or risk of harm it is always necessary for the court to make findings of fact to the civil standard of proof that...

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