[2013] EWHC 1569 (Fam)
. 10.The burden of proof is on the local authority. It is for the local authority to satisfy the court, on the balance of probabilities, that it has made out its case in relation to disputed facts. The parents have to prove nothing and the court must be careful to ensure that it does not reverse the burden of proof. 11.The standard to which the local authority must satisfy the court is the simple balance of probabilities. There is no room for a finding by the court that something might have happened.12.Findings of fact must be based on evidence, and the inferences that can properly be drawn from the evidence, and not on speculation or suspicion. The decision about whether the facts in issue have been proved to the requisite standard must be based on all of the available evidence and the court should have regard to all of the evidence. 13.The opinions of medical experts need to be considered in the context of all of the other evidence. The roles of the court and the expert are distinct and it is the court that is in the position to weigh up the expert evidence against its findings on the other evidence. It is the judge who makes the final decision.14.The evidence of the parents is of the utmost importance. It is essential that the court forms a clear assessment of their credibility and reliability. They must have the fullest opportunity to take part in the hearing and the court is likely to place considerable weight on the evidence and the impression it forms of them (
- HHJ Walker :
- The Law
- [2013] EWHC 1569 (Fam)
- Re W and Another (Non-Accidental Injury)
- Re A, B and C
- B (Children: Uncertain Perpetrator)
- Re A (Children) (Pool of Perpetrators)
- This hearing
- My assessment of the parents
- Inappropriate handing
- Failure to take sleeping advice
- Failure to take feeding advice
