Ratio Decidendi
The standard of proof in care proceedings is the simple balance of probabilities. There is no heightened standard for serious allegations. The inherent probability or improbability of an event is a matter to be taken into account in deciding whether it has been proved, but is not a separate legal test.
Fakty
Local authority care proceedings were brought in respect of children where sexual abuse was alleged. The question arose whether serious allegations required a higher standard of proof.
Podsumowanie orzeczenia
The House of Lords held that the standard of proof in care proceedings is the ordinary civil standard — the balance of probabilities — regardless of the seriousness of the allegations. The previous suggestion in Re H that the more serious the allegation, the more cogent the evidence needed (effectively requiring a higher standard) was disapproved.
Kluczowe cytaty
"If a legal rule requires a fact to be proved, a judge must decide whether or not it happened. There is no room for a finding that it might have happened."
— Baroness Hale
Późniejsze zastosowanie
Consistently applied in all subsequent family proceedings. Resolved the confusion caused by Re H [1996] about the standard of proof for serious allegations.