What is “Significant Harm” in Care Proceedings?

Grandparents of sofa with child and cat

If you’re a parent or guardian in Tameside or Greater Manchester and the Local Authority has raised concerns about your child’s welfare, you may have heard the term “significant harm” used. But what does “significant harm” mean, and how could it affect your family?

Terri Lock, a Solicitor in our Childcare Department at Bromleys, explains the legal definition, what constitutes “significant harm” and what you can do if you’re facing care proceedings.

What is the legal definition of significant harm?

A Care Order or Supervision Order can only be made under Section 31 of the Children Act 1989 if the Family Court decides:

  • Your child is suffering, or is likely to suffer, significant harm
  • The harm is linked to the care they receive (or would receive if the order isn’t made)
  • The care falls below what a reasonable parent would provide

What does “harm” include in UK care proceedings?

When the court considers whether a child is suffering or is likely to suffer harm, it looks at a broad range of factors.

Harm isn’t limited to physical injury; it can include emotional and psychological harm that affect a child’s overall wellbeing and development.

Below are the key elements that fall under the legal definition of harm:

  • Ill-treatment (physical, emotional, or sexual abuse)
  • Impairment of health or development
  • Witnessing or hearing the ill-treatment of another (for example, seeing parents argue or experiencing domestic abuse)
  • “Development” covers physical, intellectual, emotional, social, or behavioural growth
  • “Health” includes both physical and mental wellbeing

What makes harm ‘significant’ in UK child protection cases?

The law doesn’t give a strict definition, but courts look for harm that is:

  • Serious and lasting
  • Likely to have a real impact on your child’s health or development
  • More than minor or trivial, enough to justify intervention

Can emotional harm or neglect meet the threshold in care proceedings?

Yes. Persistent emotional abuse, exposure to domestic violence, or ongoing neglect can be just as damaging as physical injury.

The law recognises that children need protection from all forms of harm, not just those that leave visible marks.

What should you do if you’re worried about care proceedings in the UK?

If the Local Authority has contacted you about concerns for your child’s protection, it’s natural to feel anxious and uncertain.

Understanding the definition and criteria for significant harm can help you make informed decisions and protect your family’s rights.

How can Bromleys help?

Care proceedings and pre-proceedings, can be complex and emotionally challenging.

Our specialist Family Law team in Ashton-under-Lyne is here to support you every step of the way, from understanding your options to representing you in court.

Call us on 0161 330 6821 or email bromleys@bromleys.co.uk for expert, confidential guidance.