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Family Law
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Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
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Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
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  • FREE
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Course Aims:

This podcast aims to update the listener as to the current status of the law on standard of proof in sexual abuse cases. Further, it engages the listener with the arguments surrounding what the standard of proof should be, and encourages active criticism of the law and potential reforms.

After completing the course you will:
  • Be up to date with the law on the standard of proof to be applied in care proceedings involving alleged sexual abuse to children;
  • Understand the arguments in favour of particular standards of proof to be applied;
  • Be able to criticise the state of the law before the decision in Re B;
  • Be aware of the impact that the standard of proof has on the outcome of the care proceedings.
Complex Difficulty: 4 of 5
Case Update
Legal Principles
Sources and References:
  • Children Act 1989;
  • Re B (children) (sexual abuse: standard of proof) [2008] UKHL 35;
  • Re H and others (minors) (sexual abuse: standard of proof) [1996] 1 All ER 1;
  • Re M and R (minors) (sexual abuse: expert evidence) [1996] 4 All ER 239;
  • Re O and N (children) (non-accidental injury: burden of proof) [2002] 3 FCR 418;
  • A County Council v DP [2005] 2 FLR 1031;
  • Re F-H (children) (fact-finding hearing)[2008] EWCA Civ 1249;
  • Lancashire CC v A [2000] 2 All ER 97;
  • "The Risk Fallacy: A Tale of Two Thresholds", Ryder J NYAS Lecture 2007.

This podcast considers the current law on the standard of proof that is applied to cases involving allegations of sexual abuse to children. It analyses the law before the recent House of Lords judgment of Re B, and describes the factual matrix and some of the arguments that were before the Court in that case.

Podcast Added: 09/02/2009

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