IntroductionFact-findingFact-finding
14.1Proceedings before the Court of Protection are primarily inquisitorial, not adversarial.
1Re G [2014] EWCOP 1361, [2014] COPLR 416 at para 52 per Sir James Munby P, endorsing Cheshire West and Cheshire Council v P and M [2011] EWHC 1330 (Fam), [2011] COPLR Con Vol 273 at para 52 per Baker J. However, there will be circumstances in which it is necessary for the court to reach determinations upon contested facts before it is possible for it then to go on to consider where P’s best interests lie (or to make other decisions/declarations open to it). It is open to a judge, in the exercise of their case management powers under COPR Part 5 (Pilot Part 3 where the Case Management Pilot applies (see further chapter 4), to decide that it is necessary that such a determination of fact take place.
14.2This chapter discusses the question of when and how disputes of fact are resolved in the Court of Protection. It addresses, in particular, the circumstances under which a separate fact-finding hearing will be listed (a so-called ‘split trial), and the particular steps required to prepare for such hearings. The issues that it raises are likely to be of most relevance in applications concerning P’s welfare, and, in particular, in cases brought by local authorities in the discharge of their safeguarding obligations owed to adults at risk (as to which, see further, chapter 23 below).