§ Baroness Thornton
asked Her Majesty's Government:
Following the judgment in Re H and others (Minors) (Sexual Abuse: Standard of Proof) , whether setting a higher standard of evidence in such cases is in the best interests of children; and, if not, what measures they intend to take to deal with the current state of the law.[H L33096]
§ The Parliamentary Under-Secretary of State, Department for Constitutional Affairs (Lord Filkin)
Although the judgment stated that a higher standard of evidence was required if allegations were serious, the civil standard of proof, based on the balance of probabilities, remains unaffected. This judgment was raised during the passage of the Adoption and Children Bill(Official Report, 15/7/02; col. CWH 332). My noble friend Lady Scotland of Asthal subsequently wrote to the noble Earl, Lord Russell, setting out the Government's position, which remains unchanged. A copy of the letter was placed in the House of Lords Library.