Going off piste: how far beyond the local authority’s ‘threshold’ allegations can the court go in the findings it makes against parents?
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Iain Large, specialist barrister in both public law children proceedings and private law disputes publishes an article for The Transparency Project about the case of L (Fact-Finding Hearing: Fairness) [2022] EWCA Civ 169 (17 February 2022).
This case is about how the court decides the truth of child protection allegations made against parents. Specifically: when is it fair to a parent for the court to decide the truth of allegations which haven’t been raised by the local authority bringing the case, in the first place?