Re H (Minors) (Sexual Abuse: Standard of Proof)
[1996] AC 563
Ratio Decidendi
In care proceedings, the threshold conditions must be established on the balance of probabilities. Suspicion alone, however strong, is not enough — there must be facts proved to the requisite standard that give rise to a real possibility of future harm.
Hechos
A local authority sought care orders based on allegations of sexual abuse of older children, arguing the youngest child was at risk.
Resumen de la sentencia
The House of Lords held that suspicion is not sufficient to satisfy the threshold criteria. The local authority must prove facts that establish a real possibility of significant harm.
Citas clave
"A conclusion that a child is likely to suffer harm must be based on facts, not just suspicion."
— Lord Nicholls
Tratamiento posterior
Standard of proof aspect overruled by Re B [2008], but factual basis requirement remains.