Allegations & Evidence From Children in Care Proceedings - Good Practice Explored

Introduction

Allegations made by children are often decisive in care proceedings - yet they are also among the most forensically fragile forms of evidence before the Family Court.

Time and again, judges criticise the way allegations have been gathered, recorded, or handled, with serious consequences for findings, threshold and outcomes. For practitioners, the ability to identify good practice, spot evidential weaknesses early, and understand how the court will approach reliability and weight is essential.

This focused and practical virtual classroom seminar is designed for busy family lawyers who want a clear, up-to-date understanding of how allegations made by children should be managed in care proceedings - and how to use (or challenge) that evidence effectively.

What You Will Learn

This session will provide you with a structured, practical framework for analysing and handling allegations made by children, including:

• When and how children make allegations
• Common contexts in care proceedings and child protection work
• The risks of contamination, influence and repetition
• Best practice in gathering and recording evidence
• Why contemporaneous, accurate recording is critical
• The evidential consequences of poor note-keeping and delayed records
• The legacy of the Cleveland and Orkney Reports
• Why the distinction between taking allegations seriously and believing them still matters
• How historic failures continue to shape modern judicial scrutiny
• Achieving Best Evidence (ABE) in family proceedings
• What the guidance requires - and what it does not
• How departures from ABE affect weight, reliability and findings
• Judicial treatment of flawed evidence
• When failures merely reduce weight - and when they render evidence valueless
• Key authorities where allegations have collapsed due to poor practice
• Local authority duties and investigative boundaries
• What social workers should (and should not) be doing when allegations arise
• The risks of over-interviewing, leading questions and professional bias
• Children giving evidence in court
• The Re W framework and balancing fairness with welfare
• Practical considerations where a child may (or may not) give oral evidence
• Common and recurring errors in practice
• Why well-meaning interventions can derail cases
• How to identify, challenge and remedy evidential weaknesses

By the end of this session, delegates will be able to confidently assess the quality of children’s evidence, identify forensic vulnerabilities, and apply best-practice principles.

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.