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Tuesday, 30 January 2024
LANCASHIRE COUNTY COUNCIL V M & OTHERS
Hi, it’s Deborah and Euzi
In a recent family court case, the Judge underlined the duty on judges to draw on the totality of a wide canvas of evidence and, where that evidence permits, to identify the perpetrator of significant harm. He reminds us that this evaluation is carried out on the balance of probabilities (nothing more, nothing less) and, while this builds in a risk of error, lawyers and judges should not shirk that obligation out of an abundance of caution. The wide canvas of evidence invariably includes a variety of evidence, including hearsay and evidence of propensity to cause harm. Drawing together that evidence, and properly drawing inferences from it, assists in building a picture of the family’s life at the point at which significant harm is caused. Identifying the perpetrator avoids tainting the non-perpetrator parent while also providing the foundations for constructive and safe strategies for a child’s future care.
For further information and the full judgement in this case, go to:
https://www.bailii.org/cgi-bin/format.cgi?doc=/ew/cases/EWHC/Fam/2023/3097.html&query=(.2023.)+AND+(EWHC)+AND+(3097)+AND+((Fam))
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