In re A (A Minor) (Care Proceedings): FD 2 Jan 1993

It was again argued that ‘likely’ meant more probable than not.
Held: The argument was not open to the appellants in the light of Newham London Borough Council.

Thorpe J
[1993] 1 FLR 824
Children Act 1989 31(2)(a)
England and Wales
AppliedNewham London Borough Council v Attorney-General CA 1993
The court rejected an argument that ‘likely to suffer significant harm’ in the subsection was to be equated with ‘on the balance of probabilities’. . .

Cited by:
CitedIn re H and R (Minors) (Child Sexual Abuse: Standard of Proof) HL 14-Dec-1995
Evidence allowed – Care Application after Abuse
Children had made allegations of serious sexual abuse against their step-father. He was acquitted at trial, but the local authority went ahead with care proceedings. The parents appealed against a finding that a likely risk to the children had still . .

Lists of cited by and citing cases may be incomplete.


Updated: 06 December 2021; Ref: scu.416040