Family court judges back independent social worker role

The survey, carried out by the University of Oxford, asked 23 senior judges involved in family court proceedings for their views on the use of ISWs, who are drafted in to give courts expert advice on care proceedings.

It found that they are used in around a quarter of cases, in particular when judges were critical of the quality of council assessments and in complex cases where specific expertise was needed.

Judges also said the work of ISWs shortened cases and reduced the complexity of the litigation involved. This was particularly the case where both the court and local authority involved considered the ISW to be “tried and tested”. They also helped shorten the length of time children involved have to wait to find out the outcome of proceedings.

Half of judges said the quality of ISW reports presented to the court were good or excellent. Some reports were described as “exceptional” and “outstanding”. Just three judges they had seen a ISW report that had not met their expectations.

All but one of the judges interviewed said that the quality of the ISW’s assessment of cases “had changed the direction of thinking and the order or placement proposed for a child”, says the researchers report.

The survey’s findings have been welcomed by a coalition of groups representing ISWs campaigning against efforts to limit their use in proceedings. 

The 2011 Family Justice Review called on courts to limit the use of ISWs saying that they "should be employed only exceptionally”.

In addition, a cap on the fees ISWs can charge to provide expert testimony was brought in two years ago, promoting further concern that ISWs would be used less.

The coalition, which includes the British Association of Social Workers, children's guardians professional association Nagalro, and the Confederation of Independent Social Work Agencies, is calling on ministers to take these findings into account as part of an overhaul of policy regarding ISWs.

The coalition said: “This research shows clearly the formidable expertise and experience that independent social workers bring to often highly complicated family court proceedings.

“It also emphasises that many observers have misunderstood and misrepresented the role of ISWs over the past three years. They provide high quality, robust reports that help judges move forward quickly and ensure children spend as little time as necessary waiting for their futures to become clear.”