면책조항: 이것은 법률 자문이 아닙니다. 법률과 판례는 변경됩니다. 귀하의 특정 상황에 대해 항상 자격을 갖춘 변호사와 상담하십시오.

모든 판례
Childcare & Safeguarding
House of Lords
1996

Re H (Minors) (Sexual Abuse: Standard of Proof)

[1996] AC 563

판결 이유

In care proceedings, the threshold conditions must be established on the balance of probabilities. Suspicion alone, however strong, is not enough — there must be facts proved to the requisite standard that give rise to a real possibility of future harm.

사실관계

A local authority sought care orders based on allegations of sexual abuse of older children, arguing the youngest child was at risk.

판결 요약

The House of Lords held that suspicion is not sufficient to satisfy the threshold criteria. The local authority must prove facts that establish a real possibility of significant harm.

주요 인용문

"A conclusion that a child is likely to suffer harm must be based on facts, not just suspicion."

Lord Nicholls

후속 처리

Qualified

Standard of proof aspect overruled by Re B [2008], but factual basis requirement remains.