C (A Child: NAI)

Nylah Abbasi (instructed by Legal Department London Borough of Hillingdon) for the Applicant Judith Pepper (instructed by IBB Solicitors) for the First Respondent The Second Respondent was neither present nor represented at the hearing Christopher Poole (instructed by Nicholls Christie & Crocker) for the Third Respondent Jitender Birah (instructed by Duncan Lewis & Co) for the Fourth and Fifth Respondents Gill Honeyman (instructed by Lovell Chohan Solicitors) for the sixth to Eighth Respondents Hearing dates: 16 (Reading Day), 18, 21, 22-24 January 2019 ____________________

i) The burden of proof lies at all times with the local authority. The standard of proof being the ordinary balance of probabilities ("more likely than not"). Neither the father nor mother bear an evidential burden to disprove the allegations.

iii) I have regard to the fact that it is common for witnesses to tell lies in the course of any investigation and during the hearing. I must be careful in the approach I take to any finding as to lies. I must bear in mind that a witness may lie for a multitude of reasons and it is important to consider such lies in the context of the prevailing circumstances. I should not reach the conclusion that just because that witness has lied about one matter then they should be viewed as being incredible more generally.

iv) I bear in mind that with repeated accounts of an event discrepancies and contradictions may arise. This may be due to an inherent falsehood in the account but I must also have regard to the potential for inaccuracy to flow from faulty recollection or contamination from other sources. I am mindful of the observations that with time and repeated telling a witness may naturally seek to iron out wrinkles in an account [3] .

v) Expert evidence must be viewed against the broad canvas of all the relevant evidence before the Court. It "has to be carefully analysed, fitted into the factual matrix and measured against assessments of witness credibility" [4] . Ultimately, I must bear in mind the expert advises, the Court decides.