Child Abuse

Education and Skills written question – answered on 30th January 2006.

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Photo of Margaret Moran Margaret Moran Labour, Luton South

To ask the Secretary of State for Education and Skills what assessment she has made of the judgment in Re H and R on the standard of proof required in cases involving allegations of child abuse.

Photo of Harriet Harman Harriet Harman Minister of State (Department of Constitutional Affairs), Member, Labour Party National Executive Committee

I have been asked to reply.

In Re: H and R in 1996 Lord Nicholls of Birkenhead explained that the standard of proof required is that it is the balance of probabilities. In the judgment of Re: U and B in May 2004, given in the Court of Appeal by the past President of the Family Division Dame Elizabeth Butler-Sloss, Lord Justice Thorpe and Lord Justice Mantell, the standard of proof that applies in civil/family cases was rehearsed in some detail and confirmed as the approach explained by Lord Nicholls. Re: H and R should continue to be followed as before.

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Posted on 1 Feb 2006 8:30 pm (Report this annotation)

what is the standard of proof and where can it be obtained?