LBH (The Local Authority) v KJ (The Mother) & Ors

This judgment is being handed down in private on 28 th November 2007. It consists of ten pages and has been signed and dated by the judge. The judge hereby gives leave for it to be reported.

The judgment is being distributed on the strict understanding that in any report no person other than the advocates or the solicitors instructing them (and other persons identified by name in the judgment itself) may be identified by name or location and that in particular the anonymity of the children and the adult members of their family must be strictly preserved.

Mr Rex Howling (instructed by The Local Authority Legal Services) for the Applicant Ms Melanie Johnson (instructed by Wilson & Co) for the mother Mr David Marcus (instructed by the Guardian) for the child Hearing dates: 7th, 8th & 9th November 2007 ____________________

This provision has its classic exposition in the speech of Lord Nicholls of Birkenhead in Re H and R (Child Sexual Abuse) [1994] 1FLR 80 (HL). Those parts of his speech that deal with the burden and standard of proof are too well known to require detailed citation (though I bear them well in mind) but there are two passages which may well be of particular significance in this case. Having emphasised the need for proof of facts to sustain the threshold criteria, Lord Nicholls adds this �

The court is obliged to view the case on a wide canvass. Never is that more important than in a case such as this. Lord Nicholls also makes a pertinent observation about the policy which underpins this part of the legislation �