What is a Fact Finding Hearing?

A fact finding hearing is an important way for the court to decide whether an allegation(s) are true or not.

Fact Finding Hearings – What is an allegation?

An allegation is usually when someone has done something illegal or wrong. In family law cases, it also means if someone has done something to harm a child or acted in a way that has placed a child at risk and has not acted appropriately to look after the child.

Who decides on the Fact Finding Hearing?

Only a Court will decide if it needs to have a separate hearing. This is called a fact finding hearing to decide whether the allegation(s)  made are true or not.

The standard of proof in family cases is the balance of probabilities. The burden of proof will lie with the Local authority in family cases if they are bringing the case to Court.

In this country we have a Court system that has proof of facts at its very core. The Court will analyse all of the evidence put before it in the same way.

Fact Finding Hearings – Who gives evidence?

If a fact finding hearing concerns evidence given by a child, the Court will be concerned that the interview has been conducted in accordance with Achieving Best Evidence (ABE) guidance.

These specific guidelines set out how police officers and social workers should interview children. This guidance was made available following the Cleveland case where children were removed from their parents care as a result of incorrect way evidence was being obtained.

Achieving Best Evidence (ABE) Guidance

All interviews of children under ABE guidance are video recorded. The interviewers are trained  within these guidelines.

If the guidance is followed then there is less likelihood of the child’s evidence being contaminated or influenced by  the interviewer.

The issue of whether children should come to Court to give live  evidence should only be considered by a Judge when they have seen and considered the child’s ABE video recorded  interview.

It should be remembered that this is only part of the evidence before the court and the Judge will need to consider each piece of evidence in context of the whole case.

As part of that consideration, parents evidence is also important and the Court will need to form a clear view as to their reliability and credibility before coming to a final decision.

Tessa Dunleavy
January 2020