Re B (Care Proceedings: Standard of Proof)
[2008] UKHL 35
Ratio Decidendi
The standard of proof in care proceedings is the simple balance of probabilities. There is no heightened standard for serious allegations. The inherent probability or improbability of an event is a matter to be taken into account in deciding whether it has been proved, but it does not change the standard of proof.
Ffeithiau
A local authority sought care orders in respect of children. The issue was whether the standard of proof for finding that a child had suffered significant harm was on the balance of probabilities or some higher standard given the seriousness of the allegations.
Crynodeb o'r dyfarniad
The House of Lords unanimously confirmed that the standard of proof in all civil proceedings, including care proceedings, is the balance of probabilities. Neither the seriousness of the allegation nor the seriousness of the consequences changes the standard. A finding of fact is binary: the alleged event either happened or it did not.
Dyfyniadau allweddol
"If a legal rule requires a fact to be proved, a judge or jury must decide whether or not it happened. There is no room for a finding that it might have happened. The law operates a binary system."
— Baroness Hale
Triniaeth ddilynol
Definitive authority on the standard of proof in care proceedings. Applied in Re S-B [2009] and all subsequent care cases.