Source: All England Reporter
Publisher Citation: [2001] All ER (D) 78 (May)
Court: Administrative Court
Judge:

Scott Baker J
Representation Cherie Booth QC and Angus Halden (instructed by Cartwrights, Bristol) for the claimant.
  Roger McCarthy QC (instructed by Stephen Taylor) for the defendants.
Judgment Dates: 4 May 2001

Catchwords

Child - Welfare - Local authority - Local authorities' statutory duties in relation to welfare of children - Obligation to prevent children suffering ill-treatment - Claimant previously acquitted of charges of child abuse as jury unable to agree - Claimant wishing to set up house with partner and her two children - Authority deciding claimant probably guilty of child abuse charges - Authority determining claimant posing medium to high risk of some form of sexual abuse to children - Whether authority applying correct evidential tests - s 47.

The Case

There was no requirement for a local authority to make a finding on a balance of probabilities as to past conduct before assessing risk and taking any necessary protective steps for the purposes of s47 of the .

Practice Areas

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