Family law guide

Published Updated 18 mins read 10 sections

Part of: How to Apply for a Fact-Finding Hearing When Domestic Abuse Affects Your Children

Key takeaways

  • A Scott Schedule is a table used to organise disputed allegations before a family court fact-finding hearing — one row for each incident or clearly described pattern, with columns for the evidence, the other party’s response and the judge’s finding.
  • Since 5 January 2026, Practice Direction 12J no longer uses the term “Scott Schedule”. Following Re H-N and Others (Children) [2021] EWCA Civ 448, judges look at allegations as a whole, including any pattern of coercive and controlling behaviour, so a traditional one-incident-per-row schedule is no longer the automatic default.
  • There is no official court form: the judge’s directions set the format, who prepares the schedule and the deadline for responding. Missing that deadline can let allegations go unchallenged.
  • The person making an allegation must prove it on the balance of probabilities (more likely than not) — a lower bar than the criminal standard, but still one that requires real evidence.
  • If you have been directed to prepare or respond to a Scott Schedule, getting it checked before you file it matters — a vague or unevidenced schedule can weaken your position for the rest of the proceedings.

A Scott Schedule is a table that sets out disputed allegations — sometimes called a schedule of allegations — so a judge can decide each one at a fact-finding hearing. In family law it is most often used where domestic abuse or harm to a child is alleged. Whether you have been directed to prepare a Scott Schedule setting out your allegations, or you have received one and must respond, understanding how the process works — and how it has changed in recent years — matters for protecting your position and your children.

The rule change from 5 January 2026. The Ministry of Justice’s Practice Direction Update No. 6 of 2025 records that in Practice Direction 12J the “provision relating to ‘Scott Schedules’ is amended to remove that term and to clarify that judges should undertake a holistic assessment of allegations, including any pattern of coercive and controlling behaviour”. It adds: “The PD amendments will come into force on 5 January 2026.” A schedule or table can still be used; only the name has gone from the rules, and many people still call it a Scott Schedule.

Where allegations of domestic abuse are raised, the family court may direct one party to prepare a Scott Schedule, while the other party responds to each allegation in turn. Our family law specialists help clients navigate this process with care and precision, whether you are making allegations or responding to them.

The format takes its name from George Alexander Scott, an Official Referee in the tribunal now known as the Technology and Construction Court, where it was originally used to organise construction disputes. It was later adopted by the family courts as a way of organising allegations ahead of a fact-finding hearing.

In such cases, the court will list a fact-finding hearing to consider the allegations and decide what bearing, if any, they have on the wider family proceedings.

Scott Schedules are frequently used in cases concerning child custody and child contact arrangements where the parents dispute the facts around alleged abuse, violence or harm to a child. They can also appear in divorce proceedings involving a financial settlement, where one spouse alleges financial misconduct by the other.

Scott Schedules after Re H-N and the January 2026 rule change

The rules for children cases involving domestic abuse are in Practice Direction 12J (our Practice Direction 12J guide covers the rest of it). From 5 January 2026, Practice Direction Update No. 6 of 2025 removed the term “Scott Schedule” from PD12J and made clear that judges should assess allegations as a whole, including any pattern of coercive and controlling behaviour. A schedule or table can still be used. Paragraph 19(c) now asks the court to consider:

“…whether, in addition to any other forms of evidence such as witness statements, the key facts in dispute can be contained in a schedule or a table which- (i) sets out what the applicant complains of or alleges, including details and/or examples of specific events and of any pattern of coercive and controlling behaviour, to assist the judge to consider the alleged abuse holistically (rather than focus on individual incidents alone); (ii) focuses on the issues to be tried; and (iii) sets out what the respondent says in relation to the applicant’s allegations or complaints…”

That “holistically, not incident by incident” instruction is the direct consequence of the Court of Appeal’s judgment in Re H-N and Others (Children) (Domestic Abuse: Finding of Fact Hearings) [2021] EWCA Civ 448. The court found that traditional Scott Schedules — built around a handful of dated, isolated incidents — had become a potential barrier to fairness in cases involving coercive and controlling behaviour, because that kind of abuse is defined by its cumulative pattern, not by any single incident viewed in isolation.

Following Re H-N and the 2022 guidance for judges and magistrates on fact-finding hearings and domestic abuse, courts now apply a more careful test before ordering a fact-finding hearing at all, and consider whether a traditional Scott Schedule, a narrative statement, or a thematic/cluster schedule is the more appropriate way to present the allegations — particularly where coercive control, rather than a short list of discrete incidents, is what’s actually being alleged.

If you are being asked to prepare or respond to a Scott Schedule where the real issue is a pattern of controlling behaviour rather than isolated events, this is worth raising directly — the current rules give the court room to use a format that actually fits your case, and a schedule that fights the format usually reads worse to a judge than one that works with it.

Scott Schedule template: the columns a family court expects

Family Procedure Rules Practice Direction 12J sets out what the document should cover — see the current wording quoted above. There is no official Scott Schedule form or court-issued template; the judge’s directions set the format. In practice, a Scott Schedule is usually formatted as a table on A4 paper in landscape orientation, and follows a consistent structure:

Column What goes in it
Item number A running number for each individual allegation.
Allegation A brief, factual statement of what is alleged — kept concise, since it can be expanded on in a witness statement and at the hearing.
Date The date the alleged incident took place, where known.
Evidence reference Where the court can find supporting material — usually a witness statement, exhibit or page in the court bundle.
Respondent’s response Left blank by the person making the allegation; completed by the other party to admit, deny or explain.
Judge’s finding Left blank until the hearing, for the judge to record their finding on each item.

Where several allegations reflect the same underlying pattern of behaviour — rather than genuinely separate incidents — grouping them thematically, with a short narrative introduction explaining the pattern, is often more useful to the court than treating each one as an isolated line item. This is precisely the shift Re H-N was concerned with.

If you have been told to prepare a schedule, or you have been sent one to answer, it can feel as if everything rests on one document. It helps to see what a clear one looks like, and where schedules tend to go wrong.

This example follows the January 2026 change to Practice Direction 12J described above: row 1 sets out a pattern of behaviour, and row 2 a single incident. If your court order sets out headings, a template or a limit on the number of allegations, follow the order.

If you or a child are in danger now, call 999. The National Domestic Abuse Helpline is free and open 24 hours: 0808 2000 247. If the court is keeping your address private (Form C8), check that nothing in your schedule reveals it.

A worked example

An illustration only: the people and events are invented. What each column is for is explained under the table.

Scott Schedule example: a pattern of behaviour and a single incident, with the respondent’s response
Item number Allegation Date Evidence reference Respondent’s response Judge’s finding
1 A pattern of controlling behaviour at the family home. Parent B is alleged to have kept sole control of the joint bank account, checked Parent A’s phone most evenings, and stopped Parent A seeing two friends. Effect: Parent A says they became isolated; the child heard the arguments about money. About March 2024 to January 2025 Parent A’s statement, paras 8 to 19. Bank statements, bundle pages 41 to 58. A friend’s statement, paras 3 to 6. Admits there were arguments about money. Denies checking the phone or stopping visits (Parent B’s statement, paras 5 to 11). Left blank for the judge
2 Outside the child’s school, Parent B is alleged to have shouted at Parent A and pushed them against a car while the child watched. Effect: the child was upset and did not want to go to school the next day. 14 February 2025, about 3.15pm Parent A’s statement, para 22. Text message sent that evening, bundle page 63. Denied. Parent B says they were at work until 5pm (work rota, bundle page 74). Left blank for the judge

What each column is for

  1. Item number. Lets you, the other parent and the judge point to the same line, in writing and at the hearing.
  2. Allegation. What happened, and its effect on the child and parent. Row 1 is a pattern, row 2 a single incident. Deciding which of your concerns belong in which shape is one of the harder calls.
  3. Date. Places each event in time. An honest “about March 2024” is still useful.
  4. Evidence reference. Tells the judge where the proof is. Choosing what to point to, and what to leave for your statement, shapes how the whole schedule reads.
  5. Respondent’s response. The other side answers each entry. Wording matters here: a reply can accept more than was meant.
  6. Judge’s finding. Left blank. It is for the judge after hearing the evidence.

Before you file it: are you on track?

Which are you doing?

Nothing you tick is saved or sent anywhere. Your browser history will still show that you visited this page.

Every schedule
If you are setting out allegations
If you are responding

Choose which you’re doing, then tick what’s true of your draft. There’s no score.

The calls a checklist can’t make for you

  • Whether your concerns are best shown as a pattern, as single incidents, or both.
  • Which evidence to lead with, and what to leave for your statement.
  • How a reply can accept more than you meant, or leave something unanswered.

These depend on the facts of your case, and they are far easier to get right before a schedule is filed than afterwards. You don’t have to make them alone: talk them through with our family law specialists in a free initial consultation.

Book a free initial consultation or call 0330 094 5880

General information about the law in England and Wales, not advice on your case. It can’t tell you whether an allegation will be found proved. Kabir Family Law is not part of a firm of solicitors and is entirely independent.

Why is a Scott Schedule used?

A Scott Schedule organises multiple allegations into a format both the court and the parties can follow, which matters in cases where several disputed facts need to be resolved before the wider proceedings can move forward. Without some structure, a fact-finding hearing involving numerous allegations can become difficult for everyone — parties, advocates and the judge — to follow.

That said, as set out above, a Scott Schedule is no longer treated as the automatic right format for every case since Re H-N. Our family law specialists can advise whether a traditional Scott Schedule, a narrative statement, or a thematic schedule best suits your circumstances.

When is a Scott Schedule required, and who prepares it?

A Scott Schedule is generally directed by the court once it decides a fact-finding hearing is needed — often at the first hearing in the case. The judge will typically direct one party to set out a limited number of allegations for the court to determine.

The person making the allegations — usually the applicant — normally prepares the schedule, and the other party completes the response column. The judge’s order says who does what and by when, so read it closely: the directions, not general practice, are what you will be held to.

What evidence can support a Scott Schedule?

When completing a Scott Schedule, you need to set out the allegations or incidents clearly. In cases involving children, allegations often concern domestic violence or harm to a child, and other professionals — the police, healthcare professionals, the child’s school, or bodies such as Cafcass or the local authority — may already be involved.

Evidence commonly used to support a Scott Schedule includes:

  • Police reports — where an incident involving abuse or violence has been reported to the police, you can request a copy of the report, or ask the court to direct that it be disclosed.
  • Healthcare professional evidence — GP letters, hospital records, or where the abuse is not physical, psychiatric or psychological reports, can support allegations of harm.
  • Local authority and Cafcass material — where children are involved, the local authority or Cafcass may hold reports or correspondence relevant to the allegations.
  • School records — where an incident happened at or involved a child’s school, correspondence or records from the school can support the account.

Parties may also seek assistance from legal professionals or experts when gathering evidence for a Scott Schedule.

How to respond to a Scott Schedule

If you receive a Scott Schedule, you will usually be given a set period — typically several weeks — to respond to each allegation individually, stating whether you admit, deny, or partially accept it, with a brief explanation and reference to any supporting evidence. Keep your response factual and avoid emotional language; the judge is looking for a clear, evidenced account, not an argument. If you cannot meet the deadline, apply for an extension before it passes rather than after — missing it can allow an allegation to proceed unchallenged.

A Scott Schedule cuts both ways: if you are responding to allegations you say are untrue, the response column is where you set that out, supported by whatever contradictory evidence you have — messages, records, or witness statements. The burden of proving an allegation stays with the person making it; you do not have to prove your innocence, but a clear, evidenced response makes it easier for the judge to see why an allegation should not be accepted.

If you wish to raise separate allegations of your own that are not already covered by the schedule you’ve received, these go into a counter schedule rather than the response column — the other party then has the chance to respond to those in turn.

A statement to accompany your Scott Schedule is often genuinely useful, since the schedule itself is necessarily brief. A statement lets you set out the history and context of the relationship, which matters particularly where the real issue is a pattern of controlling behaviour rather than a handful of dated incidents — exactly the situation the current PD12J wording is designed to let the court see properly.

What happens after the Scott Schedule is submitted?

Once both parties have completed the schedule, it becomes a central document at the fact-finding hearing. The person making each allegation must prove it on the balance of probabilities — that it is more likely than not to have happened. The judge weighs the schedule alongside witness statements and other evidence, and records a finding against each item.

Where allegations are proven, this becomes an established fact for the rest of the proceedings and may lead the court to order a welfare or risk assessment. Findings at a fact-finding hearing directly inform what happens next for child arrangements — proven serious findings can lead to supervised or restricted contact, though a finding does not automatically end contact altogether; the court still has to decide what serves the child’s welfare. Where allegations are not proven, that can strengthen the other party’s position going forward. After the hearing, a transcript or note of the judgment is normally made available, setting out the judge’s findings and reasoning.

Frequently asked questions

Is a Scott Schedule only used in children matters?

No. It is most commonly used in cases concerning children, but it can also be directed in divorce, civil partnership dissolution and financial settlement cases — for example, where one party alleges the other has hidden or moved assets — as well as in unrelated civil disputes such as construction claims, where the format originated.

Is there an official Scott Schedule form?

No. There is no court-issued Scott Schedule form or template. The judge’s directions set the format, and most schedules are a simple table with columns for the allegation, the date, the evidence, the other party’s response and the judge’s finding.

What does “Scott Schedule” mean, and why is it called that?

It is named after George Alexander Scott, an Official Referee who devised the format for building disputes in what is now the Technology and Construction Court. Family courts later borrowed it to set out disputed allegations.

What are Scott Schedule allegations?

They are the specific allegations the court has been asked to decide at the fact-finding hearing — each written as a separate, dated entry, such as an incident of violence or an example of controlling behaviour. Allegations that would not affect the decision about the children are usually left out.

What is the burden of proof at a fact-finding hearing?

The civil standard: the balance of probabilities, meaning the judge must be satisfied an allegation is more likely than not to have happened. This is a lower bar than the criminal standard of beyond reasonable doubt, but the more serious the allegation, the more the evidence needs to support it.

Can courts move away from using a traditional Scott Schedule?

Yes. Since Re H-N [2021] EWCA Civ 448, and with the January 2026 change to Practice Direction 12J, courts can direct a narrative statement or a thematic schedule instead, particularly where the allegation is a pattern of coercive control rather than a set of discrete incidents. The court has discretion to choose the format that best fits the case.

What is the difference between a Scott Schedule and a counter schedule?

A Scott Schedule sets out the applicant’s allegations. A counter schedule is used where the respondent wants to raise separate allegations of their own that are not already covered by the original schedule — a straightforward denial or explanation of an existing allegation goes in the response column instead.

Do I need a family law specialist to prepare a Scott Schedule?

You can prepare one yourself, but a poorly drafted schedule can genuinely weaken a strong case, and there is usually only one real opportunity to get it right before the hearing. Getting it checked before you file it is often the most useful single step you can take.

Worried about a Scott Schedule deadline? Get it checked before you file it

If you have been directed to prepare a Scott Schedule, or you have received one and need to respond, you are usually working to a court deadline, and there is little room to fix a weak or unevidenced schedule once it has been filed. Before you submit anything, it is worth having a family law specialist look over your draft — whether that means tightening the wording of your allegations, checking your evidence references actually support what you’re claiming, or making sure your response to someone else’s allegations is as clear and well-evidenced as it can be.

Book a free initial consultation with our family law specialists before your deadline: call 0330 094 5880 or arrange a call-back to talk through your Scott Schedule. We can also talk you through a counter schedule or a supporting statement. International clients can request a video call.

Kabir Family Law’s specialists work with clients across England and Wales, with offices including Oxford, York, London, Newcastle and Nottingham.

Written by

Garry Steedman is a family law consultant at Kabir Family Law, specialising in complex divorce, children and property disputes, including TOLATA claims for unmarried couples and cohabitees. He advises on high‑conflict separations, contested children matters and financial settlements, combining clear, straightforward guidance with practical strategies that help clients move forward with confidence. Garry also supports the wider technical trusts of land issues, reviewing complex case files and helping to advise on robust evidence for court and negotiations.

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