Re B (Children) (Care Proceedings: Standard of Proof)

E655795

Re B (Children) (Care Proceedings: Standard of Proof) is a leading House of Lords decision that clarified the civil standard of proof required in child care proceedings under UK law.

All labels observed (2)

How this entity was disambiguated

Statements (39)

Predicate Object
instanceOf House of Lords decision ⓘ
UK case law ⓘ
public law children case ⓘ
appliesTo Children Act 1989 care proceedings ⓘ
public law applications for care orders ⓘ
authorityLevel binding precedent in England and Wales ⓘ
leading authority ⓘ
citedBy UK family courts in care proceedings ⓘ
citedFor approach to evaluating serious allegations in civil proceedings ⓘ
statement of the civil standard of proof in child protection cases ⓘ
clarified that the civil standard of proof applies in care proceedings ⓘ
that the seriousness of the allegation does not change the standard of proof ⓘ
that the seriousness of the allegation is relevant to the evaluation of evidence ⓘ
that there is no intermediate standard of proof between civil and criminal standards ⓘ
concerns care proceedings ⓘ
standard of proof ⓘ
country England and Wales ⓘ
court House of Lords ⓘ
holding local authorities must prove facts on the balance of probabilities ⓘ
the so‑called ‘heightened civil standard’ is rejected ⓘ
impact rejection of variable standards of proof based on gravity of allegations ⓘ
standardised approach to proof in care proceedings ⓘ
influenced later UK child protection jurisprudence ⓘ
jurisdiction United Kingdom ⓘ
keyIssue threshold criteria under section 31 of the Children Act 1989 ⓘ
whether allegations of serious harm require a higher standard of proof ⓘ
language English ⓘ
legalArea child protection law ⓘ
evidence law ⓘ
family law ⓘ
legalPrinciple only two standards of proof exist in English law: civil and criminal ⓘ
the balance of probabilities means ‘more likely than not’ ⓘ
the more serious the allegation, the stronger the evidence needed to satisfy the same standard ⓘ
standardOfProof balance of probabilities ⓘ
civil standard ⓘ
subjectMatter risk of significant harm ⓘ
welfare of children ⓘ
usedIn practice of local authorities in child protection cases ⓘ
training and guidance for family judges ⓘ

How these facts were elicited

Referenced by (2)

Full triples — surface form annotated when it differs from this entity's canonical label.

Lord Hoffmann → notableWork → Re B (Children) (Care Proceedings: Standard of Proof) ⓘ
Re H (Minors) (Sexual Abuse: Standard of Proof) → citedBy → Re B (Children) (Care Proceedings: Standard of Proof) [2008] UKHL 35 ⓘ
linked to: Re B (Children) (Care Proceedings: Standard of Proof)