Alex Walker and Olivia Edwards appeared before the Court of Appeal on 5th February 2026 in a case which highlighted significant procedural concerns in public law children cases.
Judgment was handed down on 12th February in the case of Re S (Care and Placement: Schedule of Findings of Fact) [2026] EWCA Civ 85 which highlights significant procedural concerns in public law children cases, particularly the risks created when schedules of findings appended to final orders do not accurately reflect the trial judge’s reasoning.
The Court of Appeal emphasised that, unlike private law proceedings under PD12J, there is no formal requirement to record findings in a schedule in public law cases, despite widespread practice. This prompted the Court to encourage formalisation of the process to ensure accuracy, consistency and fairness.
Also concerning the Court of Appeal was the practice of intervenors legal representation not having access the family public law portal unlike parties to proceedings and the resultant problems with accessing evidence and sealed orders. This represents a notable intervention aimed at improving systemic safeguards around the preparation and approval of findings in care proceedings.
Substantively, the decision is important for its insistence that judges cannot make serious factual findings against individuals, particularly intervenors, without ensuring proper evidential foundation and adherence to core principles of procedural fairness.
The Court applied the Griffiths v TUI cross‑examination rule to family proceedings, holding that a judge must not attribute responsibility for a grave act, without the allegation being properly put and tested in evidence. This application of civil fairness principles to the family jurisdiction marks a development in appellate scrutiny of fact‑finding.
Olivia Edwards acted for the First Respondent Local Authority and was led by Julia Cheetham KC and instructed by the Local Authority.
Alex Walker acted for the Appellant (Intervenor) and was led by Gemma Turner KC and instructed by Bannister Preston Solicitors LLP.
Olivia Edwards and Alex Walker are members of the Family Department at 18 St John Street Chambers. For more information contact Senior Family Clerk Camille Scott on 0161 278 8263.