That’s obviously a dreadful state of affairs either way. Either something awful and malicious happened to this ten year old, in which case children were wrongly returned to the care of the parents OR it didn’t, and having secured the return of their five surviving children having been under awful suspicion the parents have to go through it all again. That’s unbearable however it turns out.
Re A Children 2018
Long-time readers will have been enjoying the regular frank exchange of views and pleasantries between Mostyn J and the Court of Appeal, but this is a new one. The Court of Appeal in this case overturned a Judge who had been following Mostyn J’s guidance in a High Court case and therefore had the opportunity to say that Mostyn J was wrong as a sideswipe.
Did they resist this?
Reader, they did not.
- In A County Council v M & F, upon which the judge relied, Mostyn J having set out passages from Re B (and Baroness Hale’s confirmation of Re B found in Re S-B  1 All ER 705, SC,) went on:
- “16. Thus the law sets a simple probability standard of 51/49, but the more serious or improbable the allegation the greater the need, generally speaking, for evidential “cogency”. In AA…
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