Family proceedings

A local authority applied for a care order in respect of a child in circumstances where the parents’ first child had died. While the death had been classified as sudden infant death syndrome, concerns had been raised regarding possible abuse. The Family Court, following a fact-finding hearing, dismissed the authority’s application as the threshold test under s 31 of the Children Act 1989 had not been passed on the balance of probabilities and there was no likelihood that the new child would suffer significant harm in the parents’ care.