Allegation or finding: what is the difference?
In a family court case, an allegation, a professional concern and a finding of fact are three different things, but the wording of a record can make them sound alike. An allegation is a claim. A concern is a professional’s view. A finding is a decision by a court, made after evidence. Knowing which one you are reading matters when you respond to it.
What is an allegation?
The rules define an allegation as a claim that someone has done something wrong. It is what one person says. It may be true or untrue, and it has not been decided.
What is a professional concern?
A concern is a professional’s judgement or worry, for example in a report or assessment. It may rest on an allegation, on observation, or on both. It is not a decision by a court.
What is a finding of fact?
A finding is a decision by a court, after hearing evidence, that something did or did not happen. It is made on the balance of probabilities, and the person making the allegation must prove it.
What does the court do with a disputed allegation?
At the first hearing, the court considers whether a fact-finding hearing is needed to decide allegations that are not accepted and that could affect its decision. If it holds one, it decides what happened and records findings. If it does not, the allegation stays an allegation, and later documents may still refer to it.
How can you tell which one you are reading?
Look at who is saying it, what its status is, and whether the wording has become stronger over time. A phrase that starts as “the mother says” can become “concerns were raised” and then “history of” without any new decision. Our guide to ‘history of’ and the free wording tracker help you check.
What should you do?
Do not treat an allegation as if it were a finding, and do not treat a finding as if it were an allegation. Respond in writing, factually, with dates. Form C1A can be used to respond to allegations, as explained in our guide to the forms.
Related guides
- What does ‘history of’ mean in a family court report?
- ‘Concerns were raised’: who raised them?
- Family court glossary: plain-English terms for fathers
- Free checklist: your first 30 days in Family Court
- When You Can’t See Your Child: the book
Sources
- Practice Direction 12B, Annex 1 and paragraph 14.13 (justice.gov.uk)
- Practice Direction 12J, paragraphs 16 to 20 (justice.gov.uk)
- GOV.UK, Form C1A (gov.uk)
Sources checked 21 September 2026. Procedure changes, so check that each source is current before relying on it.
This guide gives general information about the standard process in England and Wales. It is not legal advice, and procedure changes. Some court areas use a different process, the Child Focused Model, so check your notice of hearing. Full disclaimer