When is a fact-finding hearing needed to inform risk assessment? (G (A Child: Scope of Fact-Finding))
Family analysis: The question for the Court of Appeal was whether it was wrong to refuse to direct a fact-finding hearing in relation to whether a mother was responsible for inflicting fatal injuries on an older child seven years earlier, in order to inform the risk assessment and overall welfare analysis in proceedings concerning her new baby. The majority decision that it was not, and that the risk assessment could contemplate a wide range of possible outcomes even without findings being made in relation to the circumstances of the older child’s death. However, the decision in this case was obviously highly fact-specific. It is unlikely to act as authority for any particular proposition, but serves as a stark demonstration of the difficulty that appellants face in overturning case management decisions. Chris Stevenson, barrister at 4PB, examines the issues.