Elise was called to the Bar of England and Wales in 1999. Elise accepts instructions in both
Public and Private Law applications under the Children Act 1989 and has appeared in the
Family Court, Court of Appeal and High Court in all manner of complex Children Act matters.
Here Elise gives an update on S31 and S38 Children Act 1989 – care and supervision (s31)
and interim orders (s.38) – highlighting the purpose and necessity of threshold. She refers to
the history of threshold to demonstrate this, as well as recent confirmation established via

case law and guidance. She explains what happens if parents fail to respond to threshold,
and gives an example of a non-compliant threshold. She ends with notes on best practice.

Key Words/Topics
S31 and S38 Children Act 1989
Re J (Children) [2013] UKSC 9
s 1 of the Children and Young Persons Act 1969
s 7(2) of the Family Law Reform Act 1969
The Review of Child Care Law: Report to Ministers of an Interdepartmental Working Party
(1985)
Re D (Threshold Findings and Final Orders at IRH) [2025] EWCA Civ 1362
Sir James Munby P in Re A (Application for Care Orders: Local Authority failings) [2015]
EWFC 11
Non-compliant Threshold
RE G Care Proceedings: Threshold conditions) (2001) EWCA Civ 968
Physical harm and risk of physical harm