Paragraphs: "15. I am the first to
acknowledge that a judge
is entitled to take a
proactive, quasi-investigative role in care proceedings.
Equally, she will make findings of fact on all the
evidence available to her, including her assessment of
the parents' credibility; she is not limited to the
expert evidence. I am also content to decide the question
in this appeal on the basis that a judge
is not
required slavishly to adhere to a schedule of proposed
findings placed before her by a local authority. To take
an obvious example: care proceedings are frequently
dynamic and issues emerge in the oral evidence which had
not hitherto been known to exist. It would be absurd if
such matters had to be ignored.
16. All that said, however, the
following propositions seem to me to be equally valid.
Where, as here, the local authority had prepared its
Schedule of proposed findings with some care, and where
the fact finding hearing had itself been the subject of a
directions appointment at which the parents had agreed
not to apply for various witnesses to attend for
cross-examination, it requires very good reasons, in my
judgment, for the judge to depart from the schedule of
proposed findings. Furthermore, if the judge is, as it
were, to go off piste", and to make findings of fact
which are not sought by the local authority or not
contained in its Schedule, then he or she must be astute
to ensure; (a) that any additional or different findings
made are securely founded in the evidence;
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