When Care Proceedings are issued, the Court’s primary concern is ensuring the safety and welfare of the child. In some cases, there may be significant disagreement about important events or allegations that are central to the case. These may include, for example, how an injury occurred or who was responsible, whether domestic abuse occurred, whether there was substance misuse, and whether a parent exposed a child to harmful behaviour. Before the Court can decide what arrangements are in a child’s best interests, it may first need to establish what actually happened. This is where a fact-finding hearing becomes important.
What is a Finding of Fact Hearing?
A finding of fact hearing is a Court hearing where a Judge decides whether specific allegations are true or false. It is not about deciding what arrangements should be made for a child or determining the outcome of the case. Instead, its purpose is to establish the facts where they are disputed. Not every Care case will require a fact-finding hearing. If the disputed issues can be fairly determined at the final hearing without causing unnecessary delay, the Court may determine that a separate hearing is not needed. However, where resolving factual disputes at an earlier stage is necessary to progress Proceedings, the Court may direct that a fact-finding hearing takes place.
When is a Fact-Finding Hearing required?
A fact-finding hearing will be necessary whenever there are disputed allegations that are central to the Local Authority’s case. For example, if a child presents with injuries and has been in the care of both parents and wider family members, the Court may first need to establish how those injuries occurred. The Court may need to decide whether the injuries were accidental or non-accidental, whether they were caused deliberately or through reckless care, and whether one individual can be identified as responsible. In some cases, the evidence may not allow for the Court to identify a single perpetrator. Instead, the Court may conclude that the responsibility lies within a ‘pool of possible perpetrators” – a group of individuals who cannot safely be excluded as having caused the injuries.
Fact-finding hearings are not limited to cases involving unexplained injuries. They may also take place where there are disputed allegations of domestic abuse, neglect, substance misuse, fabricated or induced illnesses, sexual abuse or other significant events which are relevant to the Court’s assessment of risk.
What Evidence will the Court Consider?
The Court will carefully consider all available evidence before reaching its decision. This may include medical records, social work evidence, expert reports, police material, witness statements, photographs and electronic communications such as text messages. Parents and other witnesses may need to give evidence and may be cross-examined by other parties’ legal representatives. The Judge may also ask questions where further clarification is required. Unlike criminal proceedings there is no jury. The Judge alone hears the evidence and determines the facts.
What Standard of Proof does the Court apply?
The Family Court applies the civil standard of proof which is known as the balance of probabilities. This means the Judge must decide whether it is more likely than not that an allegation occurred. This is different to the Criminal Courts where allegations must be proved beyond reasonable doubt. An allegation may therefore be found proven in the Family Court even if no criminal conviction has been secured.
What Happens After a Fact-Finding Hearing?
Once the Judge has made findings of fact, those findings will shape the remainder of the Care Proceedings. They will often determine whether the threshold criteria under section 31 of the Children Act 1989 are satisfied, the level of risk to the child, whether further assessments are required, and ultimately what arrangements best safeguard the child’s welfare. Although a fact-finding hearing does not determine the final outcome of the case, it is often one of the most significant stages of Care Proceedings because findings made by the Court can influence every decision that follows.
If you have social service involvement and are worried about Care Proceedings, please get in touch with Johnson Astills to see how we can assist. Please call us at our office in Leicester on 0116 255 4855 or our office in Loughborough on 01509 610 312 and ask to speak to a member of the Care Team. Alternatively, you may prefer to email us at legal@johnsonastills.com or fill in our enquiry form.
