Cap on expert social work witness fees will be untenable, warns social work association
Joe Lepper
Thursday, March 10, 2011
Family courts are being warned they face an exodus of expert social work witnesses in May when their fees are capped.
From 2 May the legal aid fees paid to independent social workers (ISWs) hired as expert witnesses in family court cases will be capped at £30 an hour across England and Wales and at £33 in London.
BASW – The College of Social Work has said this is around half the average fee most currently receive and will force many ISWs to turn down the work.
The organisation’s professional officer Nushra Mansuri said: "This is such a significant devaluing of the work that it will make being an expert witness financially untenable for many. We are already getting calls from our ISW members saying that they will not be able to carry out the work for that fee."
The decision to cap ISW fees follows a consultation on family legal aid funding last year.
A separate consultation on legal aid, which closed in February, included a recommended fee guide for other professions. Occupational therapists are valued at £68 an hour while nurses can expect £81 an hour for expert witness work.
Mansuri said the low rates offered to social workers in comparison to other professions shows a lack of understanding by the government of the experience and value of ISWs.
She added: "Many of them have 20 to 30 years’ experience in social work. Their expertise is vital in cases and can even save money as they can help courts to come to decisions far more quickly."