[2012] EWHC 4159 (COP)

Practice and procedure – Fact-finding

Summary

This judgment concerns a fact-finding hearing in respect of allegations that PB, who had a paranoid personality disorder, had behaved in an abusive and confrontational manner to people involved in the care of his mother, RB, the subject of the proceedings. The judgment should be of interest to local authorities, as it highlights the need to ensure that evidence to be relied on in such hearings needs to be of a high quality. Poor contemporaneous note-taking, scrappy witness evidence from care staff, and a failure to properly set out the circumstances in which disputed events took place, can all be major obstacles to the proving of allegations.