Case No. EWFC-63

made plain that, in relation to the applicable standard of proof:“I would…announce loud and clear that the standard of proof in finding the facts necessary to establish the threshold under section 31(2) or the welfare considerations in section 1 of the 1989 Act is the simple balance of probabilities, neither more nor less.” 71.In determining whether the Local Authority has satisfied the burden upon it, the court must bear in mind the wider context of the evidence, Re U (Serious Injury: Standard of Proof); Re B [2004] 2 FLR 263. In Re B (Threshold Criteria: Fabricated Illness) [2002] EWHC 20 (Fam), [2004] 2 FLR 200 it was held that:72.And in Re T [2004] EWCA Civ 558 the then President of the Family Division Butler-Sloss LJ stated:-“Evidence cannot be evaluated and assessed in separate compartments. A Judge in these difficult cases must have regard to the relevance of each piece of evidence to the other and to exercise an overview of the totality of the evidence in order to come to the conclusion whether the case put forward by the Local Authority has been made out to the appropriate standard of proof.”73.She went on to say that each piece of evidence has to be weighed against the others and that the court should revisit the strands as it seeks to determine, where possible, a coherent picture, consistent with the totality of the evidence.74.Therefore, in consideration of the jurisprudence, it is abundantly clear that the court must consider the wide canvas of evidence and place into context each element of that evidence judged against the rest. 75.I also remind myself of the direction given that is commonly referred to as a Lucas Direction that a lie told by a witness can only strengthen or support evidence against that witness if I am satisfied that the lie was deliberate, that is relates to a material issue, and that there is no innocent explanation for it, as sometimes people lie for reasons that they do not wish to disclose. The Court should first determine if the witness has deliberately lied. Then, if such a finding is made, consider why the person lied. R v Lucas [1981] QB 720. 76.In relation to expert evidence a witness provides an opinion to the court, they do not determine the case. “The expert advises but the Judge decides. The Judge decides on the evidence. If there is nothing before the court, no facts or no circumstances shown to the court which throw doubt on the expert evidence, then, if that is all with which the court is left, the court must accept it. There is, however, no rule that the Judge suspends judicial belief simply because the evidence is given by an expert.” Re B (Care: Expert Witnesses) [1996] 1 FLR 667, per Ward LJ.77.I shall turn to the statutory framework below, but in looking at these options I consider the relevant law laid down by the case of