Fact-finding hearings in the Court of Protection


Produced in partnership with Alex Ruck Keene and Michelle Pratley of 39 Essex Chambers
Practice notes

Fact-finding hearings in the Court of Protection


Produced in partnership with Alex Ruck Keene and Michelle Pratley of 39 Essex Chambers

Practice notes
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A fact-finding hearing will be required in some welfare cases in the Court of Protection to resolve contested factual issues in the proceedings.

When is a fact-finding hearing required?

The vast majority of welfare cases in the Court of Protection are resolved without a fact-finding hearing. Most often this is because even when the parties do not agree about what future course of action is in the vulnerable person (P)’s best interests, they are in agreement about the relevant background facts the court should consider.

It is only in a small minority of cases that the court uses its case management powers to direct that a fact-finding hearing takes place to determine facts that are in dispute.

Fact-finding hearings are most commonly directed by the court (either separately or as part of the final hearing) in what might be termed ‘safeguarding cases’ brought by local authorities. In such cases, the local authority is usually seeking adverse findings against an individual or individuals to support its contention that (for

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Case management definition
What does Case management mean?

The procedural role of the court in ensuring the disposal of disputes in accordance with the overriding objective.

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