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Family Law

The leading authority on all aspects of family law

10 AUG 2012

FACT-FINDING HEARING:Re B and H (Fact-Finding Hearing: Disability of Potential Perpetrator)

(Court of Appeal, Thorpe, Kitchin LJJ, Dame Janet Smith, 1 August 2012) 

The father had learning difficulties and the court determined that it would be impossible or impractical to hold a fact-finding hearing in relation to allegations of sexual abuse made against him by the child.

The local authority's appeal was allowed. Shortcuts such as this were to be avoided. The outcome of a fact-finding hearing would determine whether the threshold had been crossed and inform decisions about the future welfare of the child.

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