header-logo header-logo

01 May 2019
Issue: 7838 / Categories: Legal News , Child law , Expert Witness , Fees , Legal aid focus
printer mail-detail

Children left without experts

Fee rates leave social workers unable to afford to take on legal aid cases

A shortage of expert witnesses is putting vulnerable children at risk, a social workers’ group has warned.

The Legal Aid Agency confirmed in April that fees for reports by independent social workers will remain at their 2013 rate of £33 per hour, in its ‘Guidance on the remuneration of expert witnesses’. By comparison, legal aid rates for ‘employment consultant’ experts are £54.40 per hour, while midwives and computer experts are paid £72 per hour.

Social worker experts provide independent opinions on the best interests of a child in high-stakes cases where the family court is deciding whether the child should be removed from his or her family, be fostered or adopted, or continue to have contact with their parent. The expert will not usually be paid for more than 30 hours work including reading all the evidence, conducting interviews with all significant parties and writing the report.

According to independent social workers’ organisation Nagalro, however, many experts spend considerably more than 30 hours on each case.

Nagalro chair Sukhchandan Kaur said: ‘Many of our members, who bring with them post-graduate qualifications and tens of years of front-line experience, are left feeling that the government does not value their skills, or the work which they can do, but is still happy to take advantage of their commitment to vulnerable and disadvantaged children.

‘An increasing number are taking the sad and reluctant decision that they can no longer afford to take on legal aid cases. Others say that they are not able to undertake a reliable assessment due to the limit on the number of hours.’

In November 2018, the president of the Family Division, Sir Andrew McFarlane, told delegates at the Bond Solon Experts Conference that cases are being delayed because of a national shortage of experts willing to accept cases at the prescribed rates.

MOVERS & SHAKERS

NLJ Career Profile: Nikki Bowker, Devonshires

NLJ Career Profile: Nikki Bowker, Devonshires

Nikki Bowker, head of litigation and dispute resolution at Devonshires, on career resilience, diversity in law and channelling Elle Woods when the pressure is on

Ellisons—Sarah Osborne

Ellisons—Sarah Osborne

Leasehold enfranchisement specialist joins residential property team

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

NEWS
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts

An engagement ring may symbolise romance, but the courts remain decidedly practical about who keeps it after a split, writes Mark Pawlowski, barrister and professor emeritus of property law at the University of Greenwich, in this week's NLJ

Medical reporting organisation fees have become ‘the final battleground’ in modern costs litigation, says Kris Kilsby, costs lawyer at Peak Costs and council member of the Association of Costs Lawyers, in this week's NLJ
back-to-top-scroll