Ratio Decidendi
In care proceedings, the standard of proof is the ordinary civil standard — the balance of probabilities. There is no heightened standard for serious allegations. Neither the seriousness of the allegation nor its consequences should affect the standard of proof.
Fapte
A local authority sought care orders alleging sexual abuse. The trial judge applied an enhanced standard of proof given the seriousness of the allegations.
Rezumatul hotărârii
The House of Lords held that the standard of proof in care proceedings is always the balance of probabilities, regardless of the seriousness of the allegations. The previous approach of a 'heightened standard' for serious cases was wrong.
Citate cheie
"The standard of proof in finding the facts necessary to establish the threshold under section 31(2) is the simple balance of probabilities."
— Baroness Hale
Tratament ulterior
Definitive authority on standard of proof in care proceedings.