Threshold, Fact Findings and Standards of Proof: Current Dilemmas - Family Law journal

05 NOV 2010

SAFDA MAHMOOD, Senior Local Authority Solicitor

For those of you like me, who have grown up with the ‘Agatha Christie' series of books, or more recently, with programmes such as ‘CSI Miami,' I am sure you will agree that as the plot thickens, the evidence points to a number of people as being in the ‘pool of perpetrators.' It is only when the evidence has been pieced together that you find the finger ‘points' to one or more particular person. The threshold criteria in care proceedings is not very different from this, in that there are often difficult questions facing the court as to who ‘caused' the injury to the child. This article deals with frequently asked questions over the threshold criteria in public law children proceedings especially recent case law, the continuing use and benefits of threshold documents and the problems facing judges with the standard of proof.

To read the rest of this article, see November [2010] Family Law journal (link for online subscribers who have logged in). To log on to Family Law journal Online or to request a free trial click here.

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