D (a Child), Re

This judgment was handed down in private on 29 January 2014. It consists of 45 paragraphs and has been signed and dated by the judge. The judge gives leave for it to be reported in this anonymised form as Re D (a Child).

All parties were represented by solicitors and counsel Hearing dates: 21 January 2014 � 7 February 2014 ____________________

i) The local authority must prove its allegations on the balance of probabilities, no more, no less: Re B (Care Proceedings: Standard of Proof) , [2009] 1 AC 11 , [2008] 3 WLR 1 , [2008] 2 FLR 141 , at paras [2] and [70].

ii) The law operates a binary system in which the only values are 0 and 1. The fact either happened or it did not. If the court is left in doubt, the doubt is resolved by a rule that one party or the other carries the burden of proof. If the party who bears the burden of proof fails to discharge it, a value of 0 is returned and the fact is treated as not having happened. If he does discharge it, a value of 1 is returned and the fact is treated as having happened: Re B (Care Proceedings: Standard of Proof) , at para [2] per Lord Hoffmann.

iv) Sometimes the burden of proof will come to the judge's rescue: the party with the burden of showing that something took place will not have satisfied him that it did. But generally speaking a judge ought to be able to make up his mind where the truth lies without needing to rely upon the burden of proof: Re B (Care Proceedings: Standard of Proof) at paras [2] and [32]; Rhesa Shipping Co SA v Edmond and Another: The Popi M [1985] 1 WLR 948 .