Episode 16: Case law update #4 - Parties to discharge of SGO and approach to fact-finding decisions

New Family Law Pod from St John’s Chambers

Our Family Law Pod is created by our Family and Divorce team, and provides news, tips and insights around current family law topics, and discusses the implications of key cases and guidance. Useful for anyone involved in the family court, in particular busy solicitors.

Episode 16: Case law update #4 – Parties to discharge of SGO and approach to fact-finding decisions

In this episode, Chelsea Bartlett discusses a short and sweet judgment concerning the automatic and appropriate parties on an application to discharge a Special Guardianship Order. Sophie Smith-Holland takes us through the detail of a recent case which revisits the appropriate decision-making process and approach to be taken when determining whether or not a Fact-Finding Hearing is necessary and proportionate.

The full citations for the cases discussed are:

A Child (Discharge of SGO: local authority party status) [2025] EWFC 305 (B)

Re B (a child) [2020] EWCA Civ 1673

ER v NT (Need for fact-finding hearing) [2025] EWHC 2146 (Fam)

Re H-N and Others (children) (domestic abuse: finding of fact hearings) [2021] EWCA Civ 448

K and K [2022] EWCA Civ 468

Guidance concerning fact finding hearings and domestic abuse in Private Law children proceedings

TRC v NS [2024] EWHC 80