What Is A Fact-Finding Hearing And Why Is It Needed In Public Law (Care) Cases?

A fact-finding hearing is a court hearing used as part of family law court cases. It is for those cases where what happened (ie the facts) are in dispute.

So, for example when allegations are made about one or both partners, the court needs to decide what has actually happened. Only then can the case move forward and decisions be made.

When are fact-finding hearings required?

These types of proceedings are usually brought to court by the Local Authority where it has a concern about the way a parent looks after a child. It may also be because of the care given to the child, or because of the parent’s lifestyle and/ or relationships. There are also occasions when the child has an injury and the circumstances of how that injury was caused are unclear.

In each case the court has to decide whether the issue can be left until the end of the case (at a final hearing) or if that is not possible the court may decide to hold a fact-finding.

What happens if the court decides that a fact-finding hearing is required?

Before the hearing

The court will expect the Local Authority or a parent making the allegations to provide a list of the matters that are of concern. This will give the other parties the chance to respond to each allegation in turn. Courts often ask the parties to limit the matters complained of.

If an allegation was reported to and investigated by the police, the court might want the information from the police. This could include any statements taken at the time, photographs of any injuries and any written recordings made by police officers.

If medical assistance was needed, a copy of the relevant records could also support the allegation.

The party against whom an allegation is made will have an opportunity to prepare his or her statement in response and to produce evidence that support their position. These statements, together with other documents will be available to the court in a court bundle.

Going to court can be daunting for most people. The mere thought of being in the same building – let alone the same courtroom – as the other parties can be overwhelming. Consideration should be given to “special measures”

During the fact-finding hearing

Usually, the party who makes the allegation will give evidence first. The court will rely upon the written statement of evidence. The court will not want to hear a repetition of each allegation but some further evidence may be allowed with the permission of the court.

After the lawyer for that party has finished asking questions, the lawyers representing the other party will usually put their questions. This is known as cross examination.

When the other lawyers have finished, the legal representative for that party may wish to put questions arising from the cross-examination. After this, the court may have one or two questions to put to you, but not always.

This process is then repeated for any witness who has filed statements of evidence which is not accepted.

After all the evidence has been heard, the lawyers will summarise their view of the evidence and points of law to the court.

These are called submissions.

The court will then withdraw to consider the decision (a Judgement). Sometimes this may be given on the same day that the evidence has concluded, however, if the case has taken most of the day, the court may ask the parties to return on another occasion for the decision to be heard.

The Judgement and after the fact-finding hearing

The court will usually read out its judgement, referring to each of the allegations made and will then consider the next step.
What happens next may depend upon the precise findings made and whether the court is of the view that a further assessment is required.

In many cases, the court may put off the case to a further hearing for a final decision to be made as work may be needed with the parties.