Fact finding hearings: reassessing necessity, proportionality, and judicial hesitation when domestic abuse allegations are raised in

Trisan Hyatt, 5 Pump Court Chambers

This article critically examines the evolving role of fact-finding hearings in private and public children law proceedings, particularly where allegations of domestic abuse arise. While these hearings can be essential for safeguarding and welfare decisions, they often cause delay, emotional strain, and procedural complications. The author evaluates whether fact-finding is being overused or if judicial reluctance is compromising child protection. Drawing on Practice Direction 12J and appellate authorities such as Re H-N, Re K, A v K, and Re O, the article emphasises the principles of necessity, relevance, and proportionality. It highlights judicial hesitation post-COVID due to case backlogs and the pressure of time-limited proceedings. However, an overly cautious approach risks injustice by failing to resolve serious allegations. The article calls for more nuanced case management, better use of existing evidence, and early clarity on evidential needs. Ultimately, it urges practitioners to make targeted applications supported by cogent evidence and encourages the judiciary to balance fairness, efficiency, and child welfare in deciding whether a fact-finding hearing is required.

Read the full article here.