Re L (a child) (injury: fact finding) [2011] EWHC 1285 (Fam), [2011] All ER (D) 57 (May)
In determining whether injuries to children were non-accidental, the burden of proof rested upon the authority. The standard of proof was the civil standard; that was the balance of probability. Neither the seriousness of the allegation nor the seriousness of the consequences should make any difference to the standard of proof to be applied in determining the facts.
With respect to any fact alleged by the local authority the court was not entitled to come to the conclusion that, on the one hand, the authority had failed to establish that fact on the balance of probability but that, on the other hand, the possibility that the circumstances might be as alleged by the authority could not be discounted completely.
