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The Concept of Significant Harm

The Concept of Significant Harm

The Children Act 1989 introduced the concept of Significant Harm as the threshold that justifies compulsory intervention in family life in the best interests of children, and gives local authorities a duty to make enquiries to decide whether they should take action to safeguard or promote the welfare of a child who is suffering, or likely to suffer, Significant Harm.

Section 47(1) of the Children Act 1989 states that:

Where a local authority:

  1. Are informed that a child who lives, or is found, in their area is the subject of
    1. An Emergency Protection Order; or
    2. Is in Police Protection; or
    3. Has contravened a ban imposed by a curfew notice imposed within the meaning of Chapter 1 of Part 1 of the Crime and Disorder Act 1998; or
  2. Have reasonable cause to suspect that a child who lives, or is found, in their area is suffering, or likely to suffer Significant Harm, the authority shall make, or cause to be made, such enquiries as they consider necessary to enable them to decide whether they should take any action to safeguard or promote the child's welfare.

In the case of a child falling within paragraph a.iii. above the enquiries shall be commenced as soon as is practicable and in any event, within 48 hours of the authority receiving the information.

Under section 31 of the Children Act 1989 a court may only make a Care Order (committing the child to the care of the local authority) or Supervision Order (putting the child under the supervision of a social worker, or a probation officer) in respect of a child if it is satisfied that:

  • The child is suffering or is likely to suffer Significant Harm;
  • The harm or likelihood of harm is attributable to a lack of adequate parental care or control.

Under section 31(9) of the Children Act 1989:

  • Harm means ill-treatment or impairment of health or development;
  • Development means physical, intellectual, emotional, social or behavioural development;
  • Health means physical or mental health;
  • Ill-treatment includes sexual abuse and forms of ill-treatment which are not physical.

The Adoption and Children Act 2002 amended the definition of Significant Harm to include the emotional harm suffered by those children who witness domestic abuse or are aware of domestic abuse within their home environment.

There are no absolute criteria on which to rely when judging what constitutes Significant Harm. Consideration of the severity of ill-treatment may include:

  • The degree and extent of physical harm;
  • The duration and frequency of abuse or neglect;
  • The extent of premeditation;
  • The degree of threats and coercion;
  • Evidence of sadism, and bizarre or unusual elements in child sexual abuse.

Each of these elements has been associated with more severe effects on the child, and/or relatively greater difficulty in helping the child overcome the adverse impact of the ill-treatment.

Sometimes, a single traumatic event may constitute Significant Harm. In other circumstances significant harm is caused by the cumulative effect of significant events, both acute and long-standing, or the damaging impact of neglect which interrupt and change or damage the child's physical and psychological development.

When judging what constitutes Significant Harm it is necessary to consider:

  • The family context, including the family's strengths and supports;
  • The child's development within the context of the family and within the context of the wider social and cultural environment;
  • Any special needs, such as a medical condition, communication difficulty or disability that may affect the child's development and care within the family;
  • The nature of harm in terms of the ill-treatment or failure to provide adequate care;
  • The impact on the child's health and development;
  • The adequacy of parental care.

Under section 31(10) of the Children Act 1989:

Where the question of whether harm suffered by a child is significant turns on the child's health and development, his health or development shall be compared with that which could reasonably be expected of a similar child.

Note that 'significant harm' can also refer to harm caused by one child to another (which may be a single event or a range of ill treatment), which is generally referred to as 'Child-on-Child abuse.'

It is important always to take account of the child's reactions, and his or her perceptions, according to the child's age and understanding.

Last Updated: June 3, 2025

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