by Richard J Jack, director of CISWA-UK

The Confederation of Independent Social Work Agencies (CISWA-UK) read with concern a recent posting on the children’s panel group website. This indicates that some solicitors are inclined to avoid using experts who charge above the prescribed rates,even where such experts offer a pricing model that complies with the rates.

The Confederation of Independent Social Work Agencies (CISWA-UK) read with concern a recent posting on the children’s panel group website. This indicates that some solicitors are inclined to avoid using experts who charge above the prescribed rates,even where such experts offer a pricing model that complies with the rates.

Worryingly, these solicitors appear tempted to use low-fee practitioners who are unlikely to have the expertise to provide the necessary expert opinion. This will expose children to unnecessary risk. We urge solicitors to stand firm in protecting the family justice system.

CISWA-UK’s members are agencies that have gained a reputation for the provision of highly respected expert social work opinion to the courts. They seek to continue to deliver high-quality expert services to assist all parties in complex child and family cases.

All members’ associates are highly skilled practitioners with significant levels of expertise acquired over long careers. Our members do not provide standardised social work assessments, but deliver a specialist service. They use a range of specific tools to offer expert opinion in the complex cases referred to them.

However, these agencies can only do so at a minimum professional rate of £65 per hour. This fee reflects: the skill level of their associates and the agencies’ quality assurance processes; the clinical supervision provided; the training undertaken; the securing of enhanced Criminal Record Bureau checks; and the requisite administration. All these factors combine to provide high professional standards within the delivery of independent social work expertise.

CISWA-UK has recently commissioned Dr Julia Brophy of Oxford University to undertake research into the value of independent social work expertise within child and family proceedings. We are not prepared simply to accept the unfounded, discriminatory and misinformed stance of the Legal Services Commission in capping independent social work rates.

We therefore propose an imaginative and fair approach to the predicament which the LSC has imposed upon those who require the services of independent social work experts.

Where the local authority is involved (it often supports the need for a more specialised assessment in particularly complex cases), the LSC should pay 100% of the professional hours at £30 per hour, plus all the travel and mileage. The local authority would make up the professional shortfall by paying the fee level above the LSC limit, which we suggest should be £35 per hour. We consider this fair to all parties, while still complying with the new regulations applicable on funding certificates issued from 9 May.

We do not believe the LSC has the authority to insist that the authority pays a proportion of the £30 in circumstances where it is funding the remaining cost per hour of £35. That is neither fair nor reasonable. If the authority is not involved in an application before the court, then regrettably CISWA-UK members will be unable to offer one of their experts to assist with a case.

We know of two cases where this funding arrangement has already occurred and been confirmed in court order – one in a county court and the other in the Principal Registry of the Family Division: 1) the parties sought a parenting assessment. The court directed that the cost be shared between the local authority (LA) and the clients who were publicly funded. The court ordered that the LA would meet the costs above the LSC limit. The court certified the contribution as being a proper disbursement; 2) the LA wanted a further residential assessment and the guardian sought an independent expert social workassessment. The judge ordered the latter and the LA agreed to make up the shortfall. This funding arrangement was included in the order.

It is our understanding that such orders are beginning to be made in support of our proposed model. Only by applying an imaginative yet fair approach to such matters can those who instruct us continue to secure the expert services whichchildren and their families deserve.

Richard J Jack is a director of CISWA-UK. Fellow CISWA-UK directors Philip King and Mark Willis also contributed to this piece