Respect social workers in court, most senior family judge tells judiciary

And if not report it, urges Sir Andrew McFarlane
Andrew McFarlane

The highest family court judge in the land has urged social workers to report bad experiences of being in court.

Sir Andrew McFarlane stressed said the professionalism of social workers must be respected in court. 

And he criticised the practice of appointing an independent social worker by judges after a local authority social work assessment had already been made.

Sir Andrew, president of the Family Division of the High Court for England and Wales, was speaking in The Relational Social Work Podcast.

He said: “I have always been very keen to support social workers and all they do. In many ways it is a thankless task. You are criticised if you do one thing and criticised if you do another.

“It is very easy for social workers to feel disempowered and lacking in confidence when they enter the courtroom and they shouldn’t. They are professionals, they are expert in social work and should be regarded as that.”

Sir Andrew, who is also chair of the Family Justice Council, said he is very plain in “banging home that message” when speaking to other judges.

“Part of the structure of the public law outline process relies on social services doing thorough work in assessments before proceedings start.

“I have been very clear to judges in saying when that has happened the court shouldn’t start the clock running by appointing fresh independent social workers as if in some way they are better or different to local authority social workers to redo the same assessments.

“If they have been done by the local authority the court should respect them unless there is a good reason not to.”

Sir Andrew said he hoped social workers had “positive experiences” of going to court. But he added: “If they don’t then I am very keen that is reported back up through the legal department or more senior social workers in their local authority so that can be raised with the judge.

“We are all in this together and there is a need for processes to be supportive and understanding and respectful of each other’s professional position.”