B-T (A Child: Threshold Conditions) [2020] EWCA Civ 697

18th June 2020

Barrister: Sophie Smith-Holland
Source: Family Law Week

Summary:This is a Court of Appeal judgment concerning the lower court’s decision to dismiss care proceedings because the section 31 threshold had not been crossed and refusal to continue the interim care order pursuant to section 40, pending appeal. The Court of Appeal substituted its own threshold findings and restored the interim care order which revived the care proceedings. The matter was then remitted for a welfare hearing.