Preparing for court: a checklist for social workers

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.