Case No. EWFC-47
Family Court

Case No. EWFC-47

Fecha: 29-Mar-2023

The law

13.I will not set out the law in detail in this short judgment. The burden of proof is on the local authority. The standard of proof is the balance of probabilities. I must have regard to the relevance of each piece of the evidence to the other evidence and to exercise an overview of the totality of what I have heard and read in order to come to a conclusion as to whether the case has been made out. The role of the court and the expert are distinct, and I must weigh up the expert evidence together with everything else. I must guard against a belief that it is always possible to identify the cause of an injury to a child. Some things remain unknown.14.When seeking to identify a perpetrator of a non-accidental injury I must consider the list of people who could be responsible and determine if it is possible to identify an individual on the balance of probabilities. If it is not, then I must ask myself whether there is a likelihood or real possibility of each of those individuals having been the perpetrator.15.I take all these propositions from well-known case law, the core principles which were summarised in