Finding of Fact Hearings - A Thing of the Past?

Introduction

In both public and private law Children Act proceedings, finding of fact hearings are a fundamental tool used to determine allegations. This can range from an alleged non-accidental injury to claims of domestic abuse. Yet there is now a reinforced emphasis on only needing to look at what is strictly necessary to inform relevant welfare decisions involving the subject child/ren.

This webinar will seek to explore what factors to consider when the court decides whether to host a finding of fact hearing and what arguments should be made on behalf of parties subject to court proceedings in view of the recent case law.

What You Will Learn

This webinar will cover the following:

• A recap on the purpose of a finding of fact hearing
• Exploration into whether the court needs to hold a finding of fact hearing and how to be astute to other key aspects of the case when advising your client
• A recap on the well-established law, including Oxfordshire County Council v DP & Ors, H-D-H and relevant aspects of the Children Act 1989 and Family Procedure Rules 2010
• Consideration of the recent case law, including K v K [2022] and Derbyshire County Council v AA & Ors [2022] and a look at whether finding of fact hearings still hold a necessary place in the Family Justice system

This webinar was recorded on 24th August 2023