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Significant harm

Practical Law UK Glossary 8-538-0246 (Approx. 3 pages)

Glossary

Significant harm

Significant harm is one of the limbs to proving that the threshold criteria under section 31(2) of the Children Act 1989 are met, before a court can consider whether to make a care order or supervision order. There is no statutory definition of significant harm. "Harm" is defined as:
  • Ill treatment.
  • The impairment of physical or mental health (including that suffered from seeing or hearing another person suffer ill treatment).
  • The impairment of physical intellectual, emotional, social or behavioural development (including that suffered from seeing or hearing another person suffer ill treatment).
"Ill treatment" includes sexual abuse, neglect, emotional abuse and psychological abuse.
In considering whether harm is significant to a child's health or development, the child's health and development must be compared with that which could reasonably be expected of a similar child. This includes impairment suffered from seeing or hearing the ill treatment of another person. (Section 31(9), Children Act 1989.)
The meaning of "significant" in case law has developed to mean enough to justify state intervention.
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