26 June 2008
Re B (children) (sexual abuse: standard of proof) [2008] UKHL 35, [2008] All ER (D) 134 (Jun)
The standard of proof in finding the facts necessary to establish the threshold under s 31(2) of the Children Act 1989, (ChA 1989) or the welfare considerations in s 1 of ChA 1989, is the simple balance of probabilities, neither more nor less. Neither the seriousness of the allegation nor the seriousness of the consequences should make any difference to the standard of proof to be applied in determining the facts. The inherent probabilities are simply something to be taken into account, where relevant, in deciding where the truth lies (Baroness Hale at 70).
