Social Services Are Accusing Me of Child Abuse – How Do They Prove It? | Churchers | Leading Hampshire and Isle of Wight Solicitors

Social Services Are Accusing Me of Child Abuse – How Do They Prove It?

Care proceedings can be brought by the Local Authority for a variety of reasons, ranging from poor home conditions to allegations of physical abuse.

For the Court to make public law orders about who can care for a child, the Local Authority must prove the allegations it makes against the parents or other parties (referred to as “intervenors”). If the allegations are proven, they must show that:

i) The child is suffering, or is likely to suffer, significant harm; AND
ii) This harm is a result of the care being given (or not given) to the child at home, or because the child is beyond the parents’ control.

These two points are known as the “Threshold Criteria.”

In some cases, there may be no dispute between the parties about whether the alleged incidents took place, meaning the Local Authority’s allegations are accepted, and the final Threshold Criteria is met.

However, if the parents deny that the alleged events happened, the Court will be asked to decide whether or not the events occurred as alleged by the Local Authority.

If the Court is to decide, it will hear evidence from the parents, any witnesses to the alleged events, intervenors, and any experts who can determine the method or likely cause of harm suffered by the child.

This may occur as part of the Final Hearing or, if the issues are very specific (e.g., who caused an injury to the child), a Finding of Fact hearing (commonly referred to as a “Fact Find”) will be held. These hearings can last several days, during which evidence is presented by the parents, professionals, and expert witnesses.

After hearing all the evidence, the Judge will decide whether each allegation made by the Local Authority took place, on the balance of probabilities.

The Balance of Probabilities

The balance of probabilities is the evidential standard required for the Judge to make findings of fact. This means that it must be more likely than not that the alleged event occurred. For example, the Judge may determine there was a 51% chance the allegation happened, and thus make a finding.

If there is insufficient evidence to prove the allegation on the balance of probabilities, the Court will disregard the allegation, and it will not be considered any further.

Family Court vs Criminal Court Burden of Proof

Despite being in Court, the burden of proof in Family and Criminal Courts is very different. Just because the police took no further action does not mean findings can’t be made in Family Court.

Ongoing Criminal Investigations

In some cases, the allegations made by the Local Authority (or one parent against the other) may be under investigation by the Police or prosecuted by the Crown Prosecution Service (CPS).

It may be that criminal charges are not brought until after the Family Court makes Findings of Fact, if any, regarding the alleged offences. This is because the burden of proof in criminal courts is much higher.

For a jury or the Magistrates’ Court to find someone guilty of an offence, it must be proven beyond a reasonable doubt that the offence was committed by the individual. In other words, the jury or Magistrates must be sure.

It’s important to note that any evidence given in Family Proceedings cannot be used as evidence in a criminal case. However, the police or prosecution can apply for the Court to disclose statements or evidence provided during the Family proceedings, including a Judgment from a Finding of Fact hearing, to assist with their investigation.

If the matter progresses to the criminal courts, the prosecution could apply for permission to question you about your evidence, to test its truthfulness or reliability in order to prove their case to the jury or Magistrates.

How Can Churchers Help?

At Churchers, we have an excellent team of solicitors with extensive experience in care proceedings involving serious allegations made against parents, and we can guide you through the process.

We also have strong working relationships with experienced barristers, ensuring you have the best possible representation in your case.

For more information, please contact us at 01329 822 333

https://www.churchers.co.uk/services-individuals/child-law/