Question to the Department for Education:

To ask the Secretary of State for Education, whether medical evidence of non-accidental injuries must be provided before children's services departments place children in the care of a local authority on the grounds of such injuries; and if he will make a statement.

One of the key principles of the legislation which underpins the UK’s child protection system is that children are best looked after within their families. However, as a last resort, after other steps have failed, local authorities may apply to the independent courts for a decision to be made about removing a child from his or her family for the child’s safety. Children’s welfare must be the paramount factor when decisions are taken in any case involving children.

Where a local authority believes that a child is suffering, or at risk of suffering, significant harm, they can apply to the independent courts for a care (or supervision) order. The courts may only make a care order to remove a child from his or her family’s care if they are satisfied that the child is suffering or likely to suffer significant harm and that a care order is deemed better for the child than not taking any action; or the child is beyond parental control. This assessment must be based on evidence and the courts must be satisfied that any factual circumstances that are alleged are more likely than not to have arisen in order to rely on them. However, local authorities need not have and indeed may not be able to access medical evidence prior to taking action to seek to take a child into their care.