Newham 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’.

Citations:

[1993] 1 FLR 28

Statutes:

Children Act 1989 31(2)(a)

Jurisdiction:

England and Wales

Cited by:

AppliedIn 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. . .
CitedIn re H and R (Minors) CA 1994
An allegation had been made by a daughter of sexual abuse against her step-father. Despite his acquittal, the local authority went ahead with an application for a care order. The authority now appealed against a finding that it had not established a . .
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.

Children

Updated: 18 May 2022; Ref: scu.416039