Fact Finding Hearing in Care Proceedings

Here at Emery Johnson Astills we recognise that it is important to understand the purpose of each hearing within care proceedings. We appreciate that it is important for you to know why a hearing is taking place and the outcome we hope to achieve from that hearing.

A Fact Finding Hearing is a hearing that considers evidence surrounding allegations concerning any of the following:- domestic abuse, neglect, emotional harm or physical harm.

The Court will be asked to make a decision as to whether the alleged incidents did or did not happen. The Court will hear evidence from all parties within the proceedings and possibly experts too before making a decision.

Before a Fact Finding Hearing takes place you will be asked to prepare a statement setting out your account of each alleged incident and whether you accept or deny the allegation. Here at Emery Johnson Astills we have a specialist care department comprising of experts in child care law who can advise, assist and represent you throughout your involvement with Social Services.

When making a decision the Court has to consider the allegations made by each party. It is for the Local Authority to prove that the allegations are true the burden of proof lies with them. The Judge will consider whether on a balance of probabilities the allegations are true or not. A balance of probabilities means that the Judge has to be sure that it is more likely than not that the allegations are true, i.e. more than 50%. Any findings made by the Court must be based on evidence and not speculation.

If Social Services are involved with your family and you would like to speak to one of our specialist solicitors within the care department at Emery Johnson Astills, please do not hesitate to call us on 0116 255 4855.