The role of the independent social worker (ISW) in private law Children Act proceedings

The Charles Russell Speechlys family team were delighted to host, with 1 King’s Bench Walk, an evening panel event on the role of ISWs on 20 May. We were joined by a panel of expert speakers including HH Judith Rowe KC who was the designated family judge for West London for over 8 years, Anna McKenna KC, Miranda Fisher as well as several experienced ISWs. There were also circa 20 other ISWs in attendance and it was a great opportunity to bring the two professions together.

It was an evening of important and lively discussion with all speakers recognising how the role of ISWs has evolved hugely over the last ten years with increased involvement in private Children Act proceedings. 

Instructing an ISW means that families can experience a more bespoke, flexible and holistic involvement taking into account the particular circumstances of their family. The flexibility ISWs can offer, including having the time to meet the family ‘where they are’ was one of the key messages - ISWs may even assist on Christmas Day to ensure that a child can see a parent and they may also accompany the family on holidays (as well as partaking in extreme sports, such as skiing!)

We also heard about some of the key challenges facing ISWs as well as what is anticipated for the future. Other topics included the possible impact of the Pathfinder court pilot and the focus on earlier holistic involvement and discussion.

Some of the key takeaways from the event include:

• Earlier involvement of ISWs in proceedings and preparation of a report can help families reach an earlier resolution. Rather than waiting months for the court to make directions (and in some cases where a child is not seeing a parent), some ISWs felt that it was important to have earlier involvement to help guide the family and set earlier recommendations which can then be managed. They reported that some parents had said how helpful they found this as it helped them to reflect on their own position and understand some nuances of their family which they might not have recognised without the benefit of an independent opinion.
• Some ISWs felt that the nature of the work and their appointment as an independent expert made them feel isolated and unsupported, especially when they work independently and don’t have the benefit of colleague support. The possibility of peer review/supervision as well as external or group training for those working independently was discussed.
• Given the adversarial nature of children proceedings, possible cross examination and reported judgments (bringing with it the possibility of being named in a court judgment/press report) some social workers may be deterred from wishing to work as an ISW in private children proceedings.
• It was noted that at times the nature and parameters of an instruction can be restrictive and perhaps discussion between the lawyers for both parties and the ISW at the time of instruction would be beneficial. This would allow discussion about the circumstances of the case and what might work best for the family and how the instruction could be approached.
• In respect of non court dispute resolution and in particular arbitration, it was felt that safeguarding concerns could still be taken into account as part of the process and the issues dealt with sensitively. 

Overall, it was an incredibly thought provoking evening and was a great collaboration between family lawyers and ISWs. What was highlighted was that the current delays in the family court and format of proceedings often does not serve families well. There is appetite amongst practitioners to find a different way to resolve matters and ultimately better support children and achieve the most positive and safe resolutions for families.