J (Fact Finding), Re

(3) A finding of fact must be based on evidence, including inferences that can be properly drawn from the evidence, but not on suspicion or speculation.

(4) When considering cases of suspected child abuse, the court must take into account all the evidence and consider each piece of evidence in the context of all the other evidence. A court invariably surveys a wide canvas. A judge in these difficult cases must have regard to the relevance of each piece of evidence, to the other evidence and to exercise an overview of a totality of the evidence in order to come to the conclusion whether the case put forward by the Local�Authority has been made out to the appropriate standard of proof.

(5) The evidence of the parents and any other carers is of the utmost importance. It is essential that the court forms a clear assesSent of their credibility and reliability.

(6) It is common for witnesses in these cases to tell lies in the course of the investigation and the hearing. The court must be careful to bear in mind that a witness may lie for many reasons such as shame, misplaced loyalty, panic, fear and distress and maybe out of fear that the truth will not speak loud enough. The fact that a witness has lied about some matters does not mean that he or she has lied about everything.

(7) The legal concept proved from a balance of probabilities must be applied with common sense.