Sophie Hurst, instructed by MJC Law, acted for the protected party, SV, by his litigation friend, the Official Solicitor in the matter of Nottinghamshire County Council v SV & Anor [2025] EWCOP 37 (T3) (28 October 2025) https://www.bailii.org/ew/cases/EWCOP/2025/37.html in which Mrs Justice Lieven considered whether it was necessary to conduct a fact finding hearing in respect of allegations raised against another party.
Aisling Campbell was also instructed on behalf of SV for a number of the key case management hearings which dealt with preliminary issues relating to the necessity of a fact finding hearing.
Within this judgement, Mrs Justice Lieven provides a helpful review of the case law dealing with the circumstances in which it may be deemed necessary for the court to embark upon a fact finding exercise.
In summary, Mrs Justice Lieven concludes:
55. The facts which are sought to be found must have a direct impact on the welfare decisions that need to be made in respect of P. The fact finding must be “necessary” for the determination of those welfare decisions. The fact finding exercise must be proportionate to the issues that need to be determined. In determining proportionality, the likely cost to public funds, the time taken and the impact of delay on P are all relevant considerations.
This decision of a Tier 3 judge of the Court of Protection will be of interest to all Court of Protection practitioners.
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