Case No. LV21C01158

176.In terms of threshold, the burden is at all times on the Local Authority to prove on a balance of probabilities that which they allege against C and F. I remind myself of the decision of Re A (A Child) (Fact-finding hearing: Speculation) [2011] EWCA Civ 12, “Findings of fact must be based on evidence (including inferences that can properly be drawn from the evidence) and not on suspicion or speculation”. In dealing with lies, I remind myself of the decision of the Court of Appeal in Re H-C (Children) [2016] EWCA Civ 136 set out in the closing submissions of Miss Ross on behalf of the Local Authority. 177.The position on threshold and findings is relatively straightforward as far as F is concerned. He agrees the updated threshold schedule of findings document dated 15 June 2022, save that he does not accept that there was little consideration as to how A’s emotional needs would be met as set out a paragraph 5a. 178.The position is much more complicated in relation to the mother. She failed to comply with a number of Court directions that she file and serve a statement of evidence in response to the Local Authority’s evidence. It was first ordered on 8 December 2021. It was then ordered again on 30 December 2021. 179.It was further directed on 1 April 2022, and in that order I included the following provision, “If she fails to do so, she may not be permitted to give oral evidence unless required to do so by other parties”. At that hearing, her solicitors had prepared a draft statement and the mother said that the reason that she had not approved it was that she cannot read and write.180.I, therefore, directed that she considered the statement at Court before she left with the benefit of her solicitor and her interpreter. She still failed to sign the statement. At this hearing, Miss Ross, counsel for the Local Authority, unsurprisingly said that she wished to cross-examine the mother. That meant, in my judgment, that it was only fair to the mother that I permit her to give evidence-in-chief. 181.In her closing submissions, Miss Edmunds, on behalf of the mother, made the following points: