Section 31 care orders — the threshold the local authority must cross
REVIEWED BY: Sean McNamara on 2026-08-31
What a section 31 order is
Section 31 of the Children Act 1989 lets a court make a care order (giving the local authority parental responsibility and the right to decide where the child lives) or a supervision order (the local authority advises, assists and befriends but does not share parental responsibility). Only a local authority or an "authorised person" (in practice, the NSPCC) can apply. Parents cannot apply under s.31.
The threshold criteria — s.31(2)
The court may only make a care or supervision order if it is satisfied that:
- the child is suffering, or is likely to suffer, significant harm; and
- the harm or likelihood of harm is attributable to either the care given (or likely to be given) to the child not being what it would be reasonable to expect a parent to give, or the child being beyond parental control.
"Harm" means ill-treatment or the impairment of health or development. Where significance turns on health or development, the child's health or development is compared with what could reasonably be expected of a similar child (s.31(10)).
Who proves it, and to what standard
The burden is on the local authority. Facts must be proved on the balance of probabilities. The Court of Appeal has repeatedly warned that a threshold document must link specific, proved facts to the statutory grounds — vague allegations like "professionals reported concerns" are not enough. If you dispute threshold, you are entitled to a fact-finding exercise on the specific allegations, not a deemed acceptance because you failed to respond to a document.
Where the case goes after threshold
If threshold is crossed, the court moves to the welfare stage: what order, if any, best serves the child's welfare, applying the s.1(3) checklist and the principle that a care order should only be made when nothing else will do. For a placement for adoption, the separate tests in the Adoption and Children Act 2002 apply.
What parents can do
- File a written response to the threshold document — silence is treated as unsafe.
- Insist on particularised allegations (dates, incidents, sources).
- Get legal advice early — parents facing s.31 proceedings are usually automatically eligible for non-means, non-merits tested legal aid for the duration of the proceedings.
General information only, not legal advice.
YourFamilyCase.co.uk is an independent information directory — we are not affiliated with, endorsed by, or connected to HMCTS, the judiciary, or gov.uk. This page is general information and is not legal advice. Court practice changes; always check the current practice directions and consider getting advice from Support Through Court or a solicitor. Source: Children Act 1989, s.31 (legislation.gov.uk).
Content verified against the official HMCTS court directory, gov.uk forms and fees pages, and the professional body registers (SRA, FMC, Bar Council). Last reviewed September 2026.