Can I get legal aid for a fact-finding hearing?

Possibly, if you are the person who has experienced domestic abuse and you have the kind of evidence the legal aid rules require, and you pass the financial test. The person accused usually has to apply for exceptional case funding. The gov.uk legal aid checker is the starting point.

Can I hire a barrister just for the hearing?

Yes, through the Public Access scheme or through a solicitor. A Public Access barrister decides whether your case is suitable and you may need to handle tasks such as filing documents yourself.

What is a Scott schedule?

A table listing each allegation with its date, details and supporting evidence, with space for the other party's response. Practice Direction 12J paragraph 19 lets the court direct one; your order sets the format and deadline.

Can I represent myself at a fact-finding hearing?

Yes. Many parties do. The judge will explain the process, and support such as screens or a live link can be requested under Part 3A of the Family Procedure Rules.

Is it worth getting a solicitor for a fact-finding hearing?

Family court · Fact-finding hearings · England and Wales · Last checked 23 October 2026

Short answer. Only you can weigh that, but a fact-finding hearing is the point in a children case where legal help tends to make the most practical difference, because the findings the judge makes shape every later decision. Before deciding, check legal aid, look at part-way options such as one-off advice or a barrister for the hearing only, and be clear which tasks you could manage yourself.

Key points

Practice Direction 12J governs fact-finding in children cases where domestic abuse is alleged; the findings become the factual basis for welfare decisions.
Legal aid may be available to the person who has experienced domestic abuse if they have the right kind of evidence; the person accused usually has to look at exceptional case funding.
Where the law bans questioning in person, a qualified legal representative can be appointed and paid for by the court, whether or not you have a solicitor.
Unbundled help and Public Access barristers sit between full representation and doing it all yourself.

This page sets out the factors, not a recommendation. People in very different positions, on either side of the allegations, end up at fact-finding hearings, and the right mix of help depends on your evidence, your means and how you cope under pressure.

Why a fact-finding hearing is different

Most hearings in a children case look forward: what arrangements are best for the child. A fact-finding hearing looks back. The judge decides, allegation by allegation and on the balance of probabilities, what happened. Practice Direction 12J paragraph 16 says the court should decide as soon as possible whether such a hearing is necessary, for example to give a factual basis for a welfare report or for assessing risk. Paragraph 17 lists what the court weighs, including whether admissions are enough, what other evidence exists, and whether a separate hearing is necessary and proportionate.

Once findings are made, they are usually the foundation for everything that follows, including any Cafcass report and the final arrangements. That is the main reason people treat this hearing as the one where advice or representation matters most. Our fact-finding hearing guide explains how the hearing itself runs.

Legal aid: check this first

Legal aid in private children cases is limited, but domestic abuse is one of the main gateways.

If you have experienced domestic abuse. The Legal Aid, Sentencing and Punishment of Offenders Act 2012, Schedule 1 paragraph 12, covers family proceedings for an adult who was, or is at risk of being, a victim of domestic abuse. Gov.uk says you will usually need evidence, for example from the police, a court, a health professional, social services or a refuge, though you do not need it before you first speak to a legal aid adviser. You must still pass the financial test, and gov.uk notes you may be eligible with a higher income or with assets over £8,000 where the case is about domestic abuse.
If you are the person accused. That gateway is for victims, so it does not usually fund the other party. Exceptional case funding is a separate route for cases outside normal legal aid; you can apply directly to the Legal Aid Agency without naming a solicitor, and you must still meet the financial and merits tests.

The quickest first step for either side is the gov.uk checker: check if you can get legal aid.

The questioning ban changes the picture

A common worry is "I will have to question my ex myself" or "they will question me". Since 21 July 2022, Part 4B of the Matrimonial and Family Proceedings Act 1984 bans questioning in person in defined situations: relevant convictions, cautions or charges, on-notice protective injunctions, and specified evidence of domestic abuse. The court can also make a ban in other cases. Where a ban applies and you have no lawyer for that part, the court can appoint a qualified legal representative to ask the questions, paid from central funds.

So the questioning itself may be covered even if you are otherwise on your own. What a court-appointed representative does not do is advise you, prepare your evidence or make your closing points; they are not responsible to you. Our page on cross-examination in person vs a qualified legal representative explains the rules and forms EX740 and EX741.

The options in between

It is rarely a choice between a solicitor for everything and nobody at all.

Unbundled help. Many solicitors will do a single, defined piece of work for an agreed fee: advice on your schedule of allegations or response, a check of your statement before you file it, or representation at one hearing. Ask for the scope and the price in writing before work starts.
A Public Access barrister. Under the Bar Standards Board's Public Access scheme you can instruct a barrister directly, without a solicitor. The BSB's guidance for lay clients says the barrister decides whether your case is suitable, that you may have to do tasks such as filing documents yourself unless the barrister is authorised to conduct litigation, and that Public Access cannot be used for legally aided work.
A McKenzie friend. Someone who sits with you, takes notes and quietly helps, but who normally cannot speak for you or ask questions in court. See McKenzie friend vs solicitor for what they can and cannot do.
Free help. Advicenow publishes guides for people going to court alone, Support Through Court offers practical, non-legal support at some courts, and LawWorks lists free legal advice clinics. These organisations are independent and do not endorse EvidenceCanvas.

Factors to weigh

Factor	Points towards more legal help	Points towards managing more yourself
What is alleged	Serious allegations, a pattern of coercive or controlling behaviour, or allegations about harm to a child	A small number of specific, well-documented incidents
Evidence	Police, medical or social services records still to be obtained, or expert evidence in issue	The key documents are already in your hands and in order
Other proceedings	A police investigation, charge or criminal trial running in parallel	No other proceedings
The other side	They have a lawyer and the hearing is listed for several days	Both of you are unrepresented and the issues are narrow
You	Language barriers, disability, or finding it hard to take part when you are distressed	You can read, organise and present papers calmly within deadlines

None of these factors decides the question on its own. Where several apply at once, that is usually where advice before the hearing makes the biggest practical difference.

When advice matters most

Before you file your schedule or your response. The way allegations are framed, and what is admitted or denied, is hard to change later.
If there are criminal proceedings. What you write in family proceedings may be relevant elsewhere, and the timing of disclosure between the two can be complicated.
If third-party records are needed. Asking the court to order disclosure from the police, a GP or social services has its own procedure.
Before the final hearing day. A single conference to talk through how the hearing will run can help even if you then present the case yourself.

What you can realistically prepare yourself

Many people without a lawyer do prepare a fact-finding case. The court sets the timetable in its directions, and PD12J paragraph 19 lists what those directions can cover, including the key facts in dispute and whether a schedule or table of allegations and responses would help.

The schedule of allegations, or your response to it. Often called a Scott schedule: a table of numbered allegations, each with a date, what is said to have happened, and the evidence relied on, with a column for the other party's response. Follow the format in your order.
Your witness statement. Your account in your own words, with a statement of truth. Practice Direction 27A caps witness statements at 25 pages excluding exhibits unless the court allows more. See our witness statement guide.
A chronology. A neutral, dated list of events with where each comes from, no more than 10 pages under PD27A. Our chronology guide shows the format.
The bundle. Under PD27A the parties seek to agree its contents seven working days before the hearing, the bundle is filed five working days before, and preliminary documents such as position statements are due by 11am on the working day before, unless your order says otherwise.
A request for support at the hearing. Part 3A of the Family Procedure Rules lets the court make participation directions, such as screens or a live link, for a party or witness whose participation may be diminished.

Remember that children proceedings are private. Section 12 of the Administration of Justice Act 1960 and section 97 of the Children Act 1989 restrict what can be published, so do not post about the case online. You can share papers with a lawyer or a McKenzie friend for advice.

Where EvidenceCanvas fits, and where it does not. EvidenceCanvas does not give legal advice, represent you, ask questions at a hearing or file anything with the court. It can sort your own documents by date, show where each date was found, and draft a chronology or witness statement from them for you to check line by line, which is often the slowest part of preparing a fact-finding case.

Questions people ask

Can I get legal aid for a fact-finding hearing?: Possibly, if you are the person who has experienced domestic abuse and you have the kind of evidence the legal aid rules require, and you pass the financial test. The person accused usually has to apply for exceptional case funding. The gov.uk legal aid checker is the starting point.
Do I need a lawyer to question the other parent?: If the law bans questioning in person, the court can appoint a qualified legal representative to ask the questions, paid from central funds. If there is no ban, you may ask questions yourself under the judge's control.
Can I hire a barrister just for the hearing?: Yes, through the Public Access scheme or through a solicitor. A Public Access barrister decides whether your case is suitable and you may need to handle tasks such as filing documents yourself.
What is a Scott schedule?: A table listing each allegation with its date, details and supporting evidence, with space for the other party's response. Practice Direction 12J paragraph 19 lets the court direct one; your order sets the format and deadline.
Can I represent myself at a fact-finding hearing?: Yes. Many parties do. The judge will explain the process, and support such as screens or a live link can be requested under Part 3A of the Family Procedure Rules.

Checked on 23 October 2026: Practice Direction 12J (paras 16, 17, 19, 28, 28A); Matrimonial and Family Proceedings Act 1984, Part 4B; LASPO 2012, Schedule 1 (paras 11, 12); gov.uk: legal aid and domestic abuse; gov.uk: exceptional case funding (updated 19 June 2025); BSB Public Access guidance for lay clients; Practice Direction 27A (paras 8.1, 13.2); FPR Part 3A; Advicenow; Support Through Court; LawWorks. General information for England and Wales, not legal advice. Your court's directions take priority over this guide.