#FamLaw: Should There Be a Third Standard of Proof in Care Cases?

#FamLaw: Should There Be a Third Standard of Proof in Care Cases?


via #FamLaw: Should There Be a Third Standard of Proof in Care Cases?


What is the standard of proof?

The standard of proof by which it is determined whether the threshold in section 31(2) of the Children Act 1989 has been met is the balance of probabilities. This was laid down in Re H and R (Child Sexual Abuse: Standard Of Proof) [1996] 1 FLR 80. In the years following that case it was suggested by some that there should apply in some cases a “heightened” standard of proof.  Re B (Children) (Care Proceedings: Standard of Proof) [2008] UKHL 35, re-affirmed in Re S-B (Children) [2009] UKSC 17, confirmed that the standard was the balance of probabilities.

B (Children) [2008] UKHL 35

Appeal arising from findings that a High Court judge could not determine whether or not the children were at risk of harm. Appeal dismissed.

The appeal was brought by counsel for the children’s guardian on the basis that, in the light of the judge’s findings the “artificiality of proceeding on the basis that such harm did not happen at all, when there is a real possibility that it did, is just as irresponsible and dangerous as proceeding on the basis that neither parent was the perpetrator”. As a result he called for a reconsideration of the Lords decision of In Re H and to overrule In Re M & R as they lead to illogical results (familylawweek.co.uk).


Follow @NgoziGodwell

About towardchange

Your ‘Family Rights’ believing in the best interest of children. The issues which are important to me are, children and their families, the injustices to parents, which may occur, because of inadequate information, mistakes or corruption. This is happening every day. every minute and every second. For years I have campaigned for the rights of children and their voices to be heard.
This entry was posted in Family Law and tagged , , . Bookmark the permalink.

Leave a Reply

Please log in using one of these methods to post your comment:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google+ photo

You are commenting using your Google+ account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

This site uses Akismet to reduce spam. Learn how your comment data is processed.