판결 이유
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 is not a separate legal test.
사실관계
Local authority care proceedings were brought in respect of children where sexual abuse was alleged. The question arose whether serious allegations required a higher standard of proof.
판결 요약
The House of Lords held that the standard of proof in care proceedings is the ordinary civil standard — the balance of probabilities — regardless of the seriousness of the allegations. The previous suggestion in Re H that the more serious the allegation, the more cogent the evidence needed (effectively requiring a higher standard) was disapproved.
주요 인용문
"If a legal rule requires a fact to be proved, a judge must decide whether or not it happened. There is no room for a finding that it might have happened."
— Baroness Hale
후속 처리
Consistently applied in all subsequent family proceedings. Resolved the confusion caused by Re H [1996] about the standard of proof for serious allegations.