My duty is clear. Section 1(1) of the Children Act 1989 prescribes:-
"When a Court determines any question with respect to the upbringing of a child ... the child's welfare shall be the Court's paramount consideration."
Among the circumstances to which I am required to have regard by virtue of Section 1(3) of the Act are whether the child is at risk of suffering any harm and how capable not only his parents, but any other person in relation to whom the Court considers the question to be relevant is of meeting the child's physical, emotional and educational needs.
The mother wishes to continue to live within the group with the result that the child will come into contact with and will from time to time be in the care of other members of the group who will come and go. In order to assess the risk of harm to this boy I have to assess the risk of harm to a child being brought up within the Family. To assess the risk of future harm, I must first make findings of fact as to any harm which has in the past befallen children living in the Family. The law is clear that all matters of fact must be established on a balance of probabilities but the more serious the allegation the more convincing is the evidence needed to tip the balance in respect of it: See Re M (1994) 1FLR 67, Re W (1994) 1 FLR, and most recently Re H & R, Court of Appeal 14th December 1994. When assessing the risk of future harm I need to be satisfied that there is a real and substantial risk of harm, not a fanciful speculative risk. See H v H (Minor) (Child Abuse:) (1990) Fam 86.
