ABSTRACT

The claimant was acquitted of abusing a child, K. He wished to begin living with a woman who also had a child. The father objected to the claimant’s presence near his child. The local authority ultimately wrote the claimant a letter stating that there was a need to protect other children from the claimant. They took the view that on a balance of probabilities, K’s allegations were true. They took the view that the claimant was likely to present a medium to high risk of some form of sexual abuse to children who were not related to him and that the most risk would be in relation to children who lived in the same house. The claimant applied for judicial review, submitting that the defendants had to be satisfied of the likelihood of significant harm.