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17 December 2021 / Kim Beatson , Victoria Rylatt
Issue: 7961 / Categories: Features , Family , Child law
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Fact Finding Hearings in private children proceedings (Pt 2)

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Kim Beatson & Victoria Brown return to discuss what happens after a fact finding hearing, Scott Schedules and recent case law
  • Looks at what happens after the hearing, appeals and recent case law.
  • Considers judicial criticism of the limited scope of Scott Schedules.

Within Pt 1 of our article on fact finding hearings, we discussed the definitions of domestic abuse, the burden of proof as well as evidential and practical issues. Within this second part, we will discuss what happens after a fact finding hearing, appeals and recent case law.

Following a fact finding hearing

At the conclusion of a Fact Finding Hearing (FFH) the court must consider, notwithstanding any earlier direction for a section 7 report, whether it is in the best interests of the child for the court to give further directions about the preparation, addendum and scope of any section 7 report, and proceedings may be adjourned to allow this to be dealt with. After any positive findings, the court will consider whether the perpetrator should attend any programme

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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