Litigation Letter
Agreed Threshold Criteria
Re M (Threshold Criteria: Parental Concession) (CA [1999] 2 FLR 728)
The parents conceded that the threshold criteria in s31 of the
Children Act 1989 were made out on the basis that they had rejected the children (because of their allegations of sexual abuse), inappropriate
corporal punishment and emotional neglect. They denied the sexual abuse. The Court of Appeal upheld the judge’s decision to
continue the care proceedings for a ten-day hearing in order to make findings on the allegations of sexual abuse. The care
plan would be different if sexual abuse were found to have occurred, and it would also be a significant factor in any future
contact applications or applications to discharge the care orders.