This public child law CPD course provides a practical examination of fact-finding hearings in care proceedings, focusing on how courts determine whether allegations should be tried separately, rolled into welfare, or excluded altogether. The session explores the increasing scrutiny applied by the court to the necessity of a fact-finding hearing, the relevance of disputed allegations to future care planning, and the pressures created by delay, cost, and case management. Drawing on key authorities and real case examples, the course considers how practitioners should approach threshold allegations from the outset, identify which findings are truly necessary, and prepare cases in a way that minimises unnecessary harm to children and families.
The course also examines the practical realities of managing evidence in public children law cases, including expert selection, medical evidence, letters of instruction, and the risks of overreliance on flawed or poorly reasoned expert opinion. Delegates will consider issues such as historic allegations, multi-party family dynamics, client care in serious injury cases, admissions, reopening findings, and the strategic importance of early planning. With a strong focus on advocacy and case preparation, this session equips practitioners to navigate fact-finding hearings more effectively, challenge weak allegations, and keep the welfare needs of the child at the centre of the litigation process.
Key Takeaways
- A clearer understanding of when a fact-finding hearing is necessary in public children law proceedings
- Insight into the court’s approach to split hearings, rolled-up hearings, and welfare-based decision making
- Practical guidance on narrowing allegations to those relevant to threshold and future care planning
- Greater confidence in managing expert evidence, medical reports, and letters of instruction
- Awareness of issues arising from flawed expert evidence, delay, and evidential gaps
- Understanding of the legal test and practical considerations when seeking to reopen findings
- Improved client care and case strategy in complex public law children cases
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