The Legal Column
Making the most of your courtroom experience Heading to court can be extremely stressful – after all, the outcomes that you’ve been fighting for will be finally decided by the judge. We speak to a family law solicitor to find out, from his perspective how social workers can make practical changes to improve their courtroom skills.
What are the family courts trying to achieve? The best interest of the child or children is paramount and it’s the main consideration of the court when reaching their decision. Parents may not necessarily agree with the plan that has been set out by the social workers, so it’s up to the social worker to justify their decision and provide evidence to the court that their plan is the right one. The court will listen to every side and will take a balanced view of the best interest of the child.
Going to court can be distressing for families, whether it’s the result of a family breakdown or a child protection issue. How do you think the courts can make the process easier for families to
understand what is happening? We know that in general, most people have never seen the inside of a courtroom so it can be extremely daunting. There are some things that social workers can do to help work with families to make the process easier for families. For instance, within magistrates’ courts, there are posters which show the layout of where everyone sits but these are often tucked away. I felt it would be beneficial if something like this was provided to all families when they are given notice of proceedings. It starts to help them understand what to expect. If someone has a solicitor, then they should be advised on this, but more people are going to court without representation so it's important that we help to set expectations. From a child’s perspective, luckily, it’s extremely rare that a child is asked to come to court. It’s the role of the Cafcass representative to ensure that their voice is heard, but if a child is asked to come (perhaps they
Social Work News - 18
are older) it should be explained to them in detail beforehand so that they do not feel overwhelmed. There have been some cases when a child has had to provide evidence, but the courts continually put their welfare first. They will work around the child to make the process as easy as possible – this may be through pre-recording interviews outside of the courtroom and preventing any cross-examination. In some cases, video interviews may even be transcribed to protect the child.
During cross-examinations, social workers may feel that their professional judgement is being undermined. What advice would you give to a practitioner to help them keep their confidence and push for the most appropriate outcome? It’s all about preparation. If the social worker has
