2023.12.10

Child Protection Law and the Recent UK Supreme Court Decision in Re J

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ケンブリッジ大学のYoutube動画「Child Protection Law and the Recent UK Supreme Court Decision in Re J 」について要点と要約をまとめました

３つの要点

要点１
最近の英国最高裁判決は、子どもの保護における介入の基準と責任の問題を明確にしています。
要点２
裁判所は、害の発生の可能性を確立するために、確率のバランスで証明された事実の必要性を強調しています。
要点３
この判決は明確さを提供しますが、奇妙な結果の可能性や子どもの保護法における介入と保護の間の緊張感についての懸念も引き起こしています。

要約

Re J における最近の英国最高裁判決について
Child protection law is a complex and sensitive issue that aims to safeguard children from harm caused by inadequate care. The recent UK Supreme Court decision in Re J has shed light on the criteria for a care order, which allows a local authority to remove a child from their parents without consent. The court emphasized that the child must be suffering or likely to suffer significant harm, and this harm must be attributable to the care falling short of what is expected from a parent. The decision also clarified the attribution question, stating that it is not necessary to identify the precise cause of past harm as long as there is a real possibility that the carers were involved.

Re Jの事例における最高裁判決とは
In the case of Re J, the Supreme Court had to determine whether a parent’s inclusion in a pool of perpetrators in relation to past harm to one child could form the basis for a likelihood of harm to other children in a new relationship. The court unanimously concluded that it could not. While harm had been caused to the previous child, the court emphasized the need for facts proven on the balance of probabilities to establish the likelihood of harm. However, some members of the court believed that if other evidence was presented, it could be combined with the parent’s inclusion in the pool to meet the threshold.

子どもの保護における重要な示唆
This decision has important implications for child protection cases. It provides clarity on the threshold for intervention and highlights the need for evidence beyond a parent’s inclusion in a pool of perpetrators. While it may make it easier for parents to start anew in new relationships, it also raises concerns about the potential for odd outcomes. Ultimately, the tension between non-intervention and protection in child protection law remains, and social workers and judges will continue to face challenging decisions.

まとめ
Main points: 1. The recent UK Supreme Court decision in Re J clarifies the criteria for a care order and the attribution question in child protection cases. 2. The court emphasizes the need for facts proven on the balance of probabilities to establish the likelihood of harm. 3. The decision provides clarity but also raises concerns about potential odd outcomes and the ongoing tension between non-intervention and protection in child protection law.

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