Re H (Minors) (Sexual Abuse: Standard of Proof)
E728346
Re H (Minors) (Sexual Abuse: Standard of Proof) is a leading House of Lords decision that clarified the civil standard of proof in child sexual abuse cases within English family law.
Statements (46)
| Predicate | Object |
|---|---|
| instanceOf |
House of Lords decision
ⓘ
United Kingdom case law ⓘ family law case ⓘ |
| alsoKnownAs | Re H (Minors) (Sexual Abuse: Standard of Proof) [1996] AC 563 NERFINISHED ⓘ |
| areaOfLaw | English family law ⓘ |
| citation |
[1996] 1 All ER 1
ⓘ
[1996] 2 WLR 8 ⓘ [1996] AC 563 ⓘ |
| citedBy |
Re B (Children) (Care Proceedings: Standard of Proof) [2008] UKHL 35
NERFINISHED
ⓘ
Re U (Serious Injury: Standard of Proof); Re B [2004] EWCA Civ 567 NERFINISHED ⓘ |
| country | United Kingdom ⓘ |
| court | House of Lords NERFINISHED ⓘ |
| holding |
the civil standard of proof in child protection cases is the balance of probabilities
ⓘ
the more serious the allegation, the stronger the evidence needed to satisfy the balance of probabilities ⓘ the seriousness of an allegation does not change the standard of proof ⓘ there is no intermediate standard of proof between the civil and criminal standards ⓘ |
| impact | clarified evidential approach in care proceedings involving sexual abuse allegations ⓘ |
| influenced | subsequent family law decisions on child protection ⓘ |
| judge |
Lord Browne-Wilkinson
NERFINISHED
ⓘ
Lord Lloyd of Berwick NERFINISHED ⓘ Lord Mustill NERFINISHED ⓘ Lord Slynn of Hadley NERFINISHED ⓘ |
| jurisdiction | England and Wales ⓘ |
| language | English ⓘ |
| leadingJudge | Lord Nicholls of Birkenhead NERFINISHED ⓘ |
| legalIssue |
allegations of child sexual abuse
ⓘ
standard of proof in civil proceedings ⓘ threshold criteria under the Children Act 1989 ⓘ |
| legalPrinciple |
civil standard of proof applies in child protection cases
ⓘ
inherent probability of an event is a relevant consideration when evaluating evidence ⓘ no heightened standard of proof for serious allegations in civil cases ⓘ |
| legalSystem | common law ⓘ |
| neutralCitation | Re H (Minors) (Sexual Abuse: Standard of Proof) [1996] AC 563 NERFINISHED ⓘ |
| parties |
children (minors)
ⓘ
father ⓘ local authority ⓘ mother ⓘ |
| precedentStatus | leading authority on standard of proof in family proceedings ⓘ |
| standardOfProof | balance of probabilities ⓘ |
| statuteInterpreted | Children Act 1989 NERFINISHED ⓘ |
| subjectMatter |
alleged sexual abuse of children
ⓘ
care proceedings concerning minors ⓘ |
| topic |
burden and standard of proof
ⓘ
child protection ⓘ evidence law ⓘ |
| yearDecided | 1996 ⓘ |
Referenced by (1)
Full triples — surface form annotated when it differs from this entity's canonical label.