Courtroom skills for Social workers (1 day)

Court hearings are major decision making processes for children and young people and their families subject to public and private law proceedings. The conduct of the British court system is based on the adversarial method where the outcome is arrived at through a process of advocates challenging each other’s versions of events .

Social workers provide written evidence in such proceedings; however decisions are made after witnesses have been seen and heard. Oral evidence can be more powerful than written evidence, as judges and magistrates take into account witnesses ‘demeanour’, appearance and attitude in assessing the value and credibility of their evidence. Oral evidence may enhance or destroy a witness’s case. Credibility is based therefore not just upon evidence but also on the way in which it is given.

This course will present clearly the rules of evidence in adversarial proceedings. Also the methods by which evidence is examined will be outlined. The Social Worker plays a key role in instructing the Advocate and the importance of working in partnership with the Advocate will be illustrated.

The course will also assist social worker’s in developing skills in presentation of evidence. Such skills include preparation of evidence and achieving clarity about the pillars of the argument which underlie the position which the social worker and advocate seek to promote. Assertiveness skills are also key to ensuring that evidence in cross examination is given in a way which enhances the credibility of the social worker rather than detracting from it Reports are examples of social work practice recording for a particular occasion when a formal statement is presented by a social worker in written form in order to assist in decision making in respect of a service user. Such reports will require a professional opinion, based on relevant information, which draws upon the social worker’s judgment to recommend the most appropriate course of action.

Learning Outcomes:

By the end of this course learners should understand:

• The nature of the adversarial system and the methods by which evidence is examined in courts by advocates.
• The importance of preparation of evidence and familiarity with the key pillars of their argument.
• Key aspects of presentation of evidence to court
• Assertiveness skills in presenting evidence and confidence in dealing with challenges.

Learning methods:

• Tutor presentations
• Case studies for S7 and S37 reports
• Handouts
• Small group work
• Role Plays
• Group Discussion
• Skills -Challenge matrix-Self evaluation exercises