Attending a court of law can cause significant anxiety for social care practitioners. Being able to understand what is expected and prepare effectively is often key to managing anxiety and building confidence.

The following is a practical preparation checklist that sets out some of the things it are beneficial to do in the run-up to the hearing to help you get ready for the experience.

• Find out the date of the hearing as early as possible.
  This means you will know how much time you have to prepare and can do this in a planned way.

• For a face-to-face hearing, find out the time of the hearing and the time that you need to arrive.
  You can decide the best way of getting to and from the court in a timely way. Think about parking availability, commuting times and any planned travel disruptions.

• For a remote hearing, find out what the method of joining will be (telephone or video) and if the equipment you have is suitable. Make sure you have a way to charge your device on the day and that you will have good access to the internet. Also, plan where you will join the hearing – make sure your chosen location is private and available on the day.
  You can then make sure you have the right equipment and it is working.

• Find out at what point in the hearing you are likely to be called.
  Knowing this will alleviate anxiety and manage expectations on the day.

• Make sure you know the name of the barrister (counsel) who will be representing your organisation in court. Ask your legal representative who is likely to be in court.
  This will help you understand what will happen on the day and who will be present.

• Talk to your line manager about any additional support you need from them on the day.
  If the experience is likely to be particularly challenging, it may be possible for your line manager to accompany you to court for moral and emotional support.

• Review your written evidence; set aside some time in your diary and liaise with your line manager about other workload as required.
  The better you know your own evidence the more confident you will be on the day, the easier you will find being questioned and the less likely you will be to provide a conflicting oral account of your written testimony.

• Find out from your legal representative the kind of questions that will be asked.
  This will enable you to practise your responses and build your confidence.

• Role play different scenarios during supervision.
  This enables you to test out different possible scenarios in a safe environment.

• Meet your legal representative to explore:
  – If your evidence conflicts with that of others submitted.
  – Any gaps in your own evidence.
  – Any key areas of dispute.
  – Any elements of your practice that could be questioned.
  This will enable you to anticipate where you may be cross-examined, so that you can prepare potential responses and reduce the risk of being caught off guard in court.

• Ask your legal representative who will be cross-examining you.
  Specifically, establish whether P (the person at the heart of the case) or a family member intends to question you. This can be particularly challenging as they may pose different questions to that of a barrister, and may also become angry or upset themselves. If this is likely, discuss with your legal representative how best to respond to such questions and emotions.

• Reflect on your own practice in supervision or in your own time.
  This will help you consider if there is anything you would have done differently on reflection. You will need to be honest if questioned about this.

• Talk through any anxieties or concerns as soon as possible and as regularly as required.
  This will help you to keep your anxiety in check and prevent any undue stress from building up.

If you have a Community Care Inform Adults licence, log in to access the full guide. The guide forms part of Inform Adults’ knowledge and practice hub on court skills.

We asked you to share your social work career questions with our resident expert, Dame Lorna Boreland-Kelly. In our ask the expert column, Dame Lorna answers queries from practitioners looking to advance their social work careers. Check out our previous ask the expert columns for advice on other topics.

If you would like some careers advice from Dame Lorna, send your questions to careersadvice@markallengroup.com.

Dear Shirley*

Thanks for your letter. In responding, I have drawn on my many years of experience as a social worker/senior manager and a presiding magistrate in the criminal court.

As a social worker called to attend court for the first time, you may find this very daunting.  However, you should not be doing this on your own.  You should have had the opportunity to discuss the “case” in supervision with your manager or a senior social worker.

You will also normally be required to prepare a report/statement for the hearing which must have been checked by the legal department of your employer.

It is the lawyers who will be responsible for filing all required documents with the court, prior to the application for a court order. Your application may be, for example, as a result of you being the allocated social worker, or being on duty in the case of an application for an “emergency protection order”

Prior to attending the hearing, you should ask the lawyer for your employer to go over the statement with you. They should also talk you through the likely questions that you will be asked by the lawyers representing the other parties, especially the parent/carers and the child/children. Preparation is key when you appear as a professional in court.

On the day that you attend the court, arrange to be early and to meet the lawyer (normally a barrister) representing your employer to discuss and read over your statement/report.

Remember that this is not a social event: do not be drawn into casual conversation by the lawyers for the other parties, as they may remember any comments you may have made and refer to this in cross examination of you.

The lawyer representing your employer should be present during any pre-court discussion that the lawyers may wish to hold in relation to the application that is being made by you for an order. If you are approached for a discussion before the arrival of your lawyer, politely decline and explain that you will need to wait and discuss with your employers’ lawyer when they arrive.

As a witness who is a professional, you will normally be asked to establish your credentials when you take your place in the witness stand, once you have taken the oath or affirmed. The lawyer representing your employer will normally lead you in these questions to establish your credentials in making the application.

It is important that you maintain eye contact with the magistrate/judge and the lawyers, as this can build trust and confidence. Try to address your answers to the judge or magistrates (rather than the lawyers).

Ensure that you know the correct manner in which to address them. If you are speaking to a magistrate, you should address them as “Your Worship, or Sir/Madam”. If speaking to a high court judge, you should use “My Lord” or “My Lady”. District judges, are addressed as “Judge”.

It is important that you learn the etiquette of entering the court and the appropriate dress for the court. I am reminded of the number of occasions when I have had phones go off in my court room during a hearing, and of professionals having conversations in sight of the bench.

Need help?

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Dame Lorna has over 30 years’ experience of leading and developing social care services. She has an unparalleled level of insight into frontline social work and is well-versed in the issues that affect practitioners today.

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