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This commentary explores the decision of House of Lords in Re B (Children) (Sexual Abuse: Standard of Proof). In discarding the gloss imposed by the earlier decision of Re H (Minors) (Sexual Abuse: Standard of Proof) to the standard of proof to be applied in care proceedings, the House of Lords has acted in a way that is unreservedly to be welcomed. The commentary also examines their Lordships' rejection of the argument that the threshold criteria could be satisfied on ‘evidence' that raises a real possibility of significant harm but which cannot be proven to the level of ‘fact' and its implications for child protection.
This work provides commentary, checklists, procedural guides and precedents on the subject in a...