Fact-Finding Without Facts

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Having reached the conclusion that a fact-finding hearing is necessary, the court will then give detailed directions as to how the fact-finding hearing is to proceed. These directions will include specifying the written evidence from the parties and considering whether documents are required from third parties, such as the police or health services.

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To assist the court and the parties, the court usually directs the party making the allegations to prepare a template called a Scott Schedule itemising the specific factual issues to be decided by the court. The template is set out in such a way that the responding party is able to comment briefly by stating whether the allegation is agreed or denied, and a separate column is included to record the findings of the court having considered all the evidence.

This template enables the court, when subsequently adjudicating onthe substantive issue, to have a clear summary of the findings of fact.

The party making the allegations should draft them in such a way that the court can give a yes or no answer on the Scott Schedule. The aim of the fact-finding hearing is to ensure that the allegations are put and responded to. Both parties have an opportunity to give oral evidence and to cross examine the other party. The burden of proof is on the person making the allegations. The court determines the matter on the balance of probabilities, not on the higher, criminal, standard of beyond reasonable doubt.

Having considered the evidence, the court will make findings of fact. The court will then give directions as to the future conduct of the substantive hearing.

This may include directing a report from Cafcass. Once a fact-finding hearing has taken place, the court must consider the child arrangements in light of their decision. If no findings are made, the courtmust proceed on the basis that the allegations did not happen.

The Fact-Finding Conference

If some findings are made, then the court must consider the child arrangements in the light of those findings, and must consider how any risk to the child can be managed. Fact finding hearings will not therefore be ordered in every case, but can be a very useful tool to provide a template for the court in taking into account proven serious allegations which are likely to impact on the welfare of the child. Parent Guardian Professional Other. Your Name optional.

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Fact-Finding without Facts : Nancy A. Combs :

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