It is important that newly appointed magistrates to the family panel gain a better understanding of the work of the social worker and the complexities of bringing cases to court.
I was a social worker for 37 years, and in that role, I gave evidence to the courts as a worker, manager and child and family reporter for the Children and Family Court Advisory and Support Service (Cafcass). Sitting now as a family magistrate, I draw on these experiences, understanding that we make crucial and life changing decisions for the children and their families that come before us.
The role and work of social workers
The role of a child and family social worker is a complex one; the aim is to work in partnership with children and families to support them should they experience ongoing difficulties with their children. A social worker’s training covers many subjects including psychology, sociology, law, and practice theories, with a combination of practical placements in different areas in statutory, private or charitable agencies. The skills gained throughout their degree are just a starting point. Once in post, social workers receive supervision from their line manager regularly, which will guide and support them in making decisions about safeguarding children, working with families face-to-face, and taking on more responsibilities as their career progresses.
Social workers work in partnership with many other agencies that safeguard children, including the police, GPs, schools, and psychiatric services such as the Child and Adolescent Mental Health Services to name just a few.
How cases progress towards court and the work done before a court hearing
When concerns have been expressed to a local authority regarding any safeguarding matters involving children, several steps need to be taken to support families and help them understand the concerns that agencies have. The local authority generally undertakes an initial assessment under section 17 of the Children Act 1989, to assess the family’s needs and what services they can be provided with or signposted to in the community. Should further concerns arise from this assessment, then a further in-depth child and family assessment would be completed. From this there may be further support, should the parents agree to work with the local authority on a child in need (CIN) plan. This would involve visits from social workers and other supporting agencies, having regular meetings with the parents.
If a child and family assessment highlights further concerns, such as a child suffering harm, then the local authority may wish to hold a child protection conference (CPC) where all the necessary agencies involved with that child would meet to identify the concerns and the tasks that can be completed with the family to support and safeguard the child further. These meetings are chaired by an independent reviewing officer, a very experienced social worker from within the quality assurance section of the local authority. Following an initial CPC there should be a second conference held three months after the initial with the core agencies to review progress made.
Should things progress well with the family working in partnership with the local authority and other agencies, then generally such a case can be stepped down back to a CIN plan for at least six months. If safeguarding issues persist, the local authority has several potential avenues. Should the local authority be considering starting care proceedings, the first step would be to start the Public Law Outline process where parents are invited into the local authority and are advised to bring a solicitor with them to discuss with social workers and lawyers. Again, if there is no change, local authority would make an application to the court for a legal order such as a supervision or care order. Should a serious incident occur, the local authority could apply to the family court for an emergency protection order for the removal of the child to a safe place identified by the local authority. This could include a family member (aunt, uncle, grandparents) to safeguard the immediate issue, or place the child in foster care.
What magistrates need to know about social work and workers
It will be evident that social work is a highly intensive and difficult profession involving families where there is a high risk of abuse and potential assault. High-risk cases can bring substantial stress for a social worker and this only increases with the time requirements of completing the paperwork and reports ahead of a court hearing. A social worker will liaise with many professionals to obtain the reports necessary to support the local authority’s case as well as attend ongoing meetings during such proceedings, such as a family group conference to assess if any other family members could look after the children in question and complete viability assessments should family members put themselves forward. As family magistrates will know, statements for the court, care plans, and parenting assessment are all also required within proceedings. All this is before the additional pressure of giving evidence!
How can magistrates and social workers help each other in court?
Social workers are experts in understanding families, the complexities of parenting and the safeguarding risks associated with it. Their work, giving evidence in court, and the scrutiny that comes with both, carry immense pressure. In the past, social workers have received criticism of their work, and I would suggest that magistrates (and judges) need to commend good social work practice where they encounter it.
Most importantly, magistrates ought to understand the work that is completed before the initial court hearing and social workers need to share their experiences. An open dialogue between local authorities and magistrates’ benches would help each party to understand the other better. Every little helps!
