Neither Fear Nor Favour, Affection Or Ill Will: Modernisation of care proceedings and the use and value of independent social work expertise to senior judges
This is part two of an evaluation of the work of independent social work experts (ISWs) in care proceedings (stage I was published in April 2012). It takes forward findings from stage I exploring further the evidential base for views put to the Family Justice Review about the practice of courts. It examines the views, experiences and practices of a sample of senior judges in commissioning ISW assessments, placing these in the context of the timing, format and value of local authority assessments. Finally, judges’ views about the implications of the modernisation programme for use of ISWs are explored - in the light of a need for earlier completion of cases, without loss of quality in assessments, and with regard to issues of fairness, justice and transparency in judicial decision making. In the report each section is followed by a summary of findings reflecting the key issue for policy and practice. The study is based on interviews with 23 senior judges (20 DFJs, 3 Circuit Judges) in 20/43 county courts in England and Wales. Interviews were held between February and April 2013. They include representation from all circuits, and courts with small and high volume case loads (less than 115, 251 - 900 applications in 12 months). They hear applications from just over half of authorities in England (59%) and just over one third (36%) in Wales
