Court etiquette
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If you’re not sure what court room you’re in, make a note of the case number before you arrive. It will be at the top of the notice of the hearing. When you get to court, there will be a board with all the hearings listed. They will be listed by case number, not the child’s name (to ensure anonymity).
Bring your laptop and a notebook so you can easily access information from the case file if it is required and so you can make your own notes of discussions held. You can bring both a laptop and notebook into the court room. Whilst the hearing is happening, you can take your own notes, so you remember what is said by the judge and all the legal representatives.
You’re not allowed to eat food or bring in teas/ coffees into the court room. You can bring water into the court room if you need.
Please remember to switch off your mobile or turn it onto silent.
Make sure that you wear smart/formal clothing.
It is a good idea to make arrangements with your manager to make sure that they or another manager are on ‘standby’ if they are not with you in court. This is so you can contact them quickly for any decision making that requires management input.
You should arrive an hour before the hearing; this should give you an opportunity to give any updates to your legal representative and to hear the position of the other parties. If you are giving evidence at this hearing it will enable you to get advice on what will happen when giving evidence. This may be a good point to go through your statement with the legal representative to prepare for lines of questioning that may come up during cross-examination.
The legal representative will also show you where to sit in the court room and should let you know who everyone is and which party they are representing in the proceedings.
When the judge comes into the court room, everyone must stand up (the legal representatives might bow, depending on the seniority of the judge). You sit down once the judge has sat down. When the judge gets up to leave, you stand up and stay standing until they have left.
You might find that, if the judge stays in the room and asks you all to leave, that the legal representatives might not show their back to the judge as they leave. It is considered rude.
You can also write notes and pass them to your legal representative if you want them to raise certain points. If the hearing is remote, you can email them your instructions. Take the opportunity to get them to say everything that you want them to.
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What to call the judge
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Depending on what type of judge you have, they are called different things. Here is the list:
Magistrates: Your Worship or Sir/Madam
Recorder (part time judge): Sir/Madam
Deputy district judge: Sir/Madam
Circuit judge: Your Honour
High Court Judge: My Lord/My Lady
If you’re unsure what judge you have – just listen to what everyone else calls them and copy them.
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Final Hearings
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If a case progresses to a final hearing, this is where the judge will make the decision about the child’s long-term future, who they live and where. The judge will consider all the evidence, and the Guardian will provide an independent view on what is in the child’s best interests. At a final hearing the allocated social worker may be asked to give oral evidence.
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What happens when at a Final Hearing
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Opening Speech. The local authority legal representative will open the case, setting out a brief background.
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The local authority, i.e. the allocated social worker, will give their evidence.
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The other witnesses to the local authority’s case will give their evidence.
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The parents will give their evidence.
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The parents’ witnesses will give their evidence.
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The Children’s Guardian will give their evidence.
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All parties’ legal representatives will give their closing speeches/submissions to summarise their client’s case based on the evidence heard and make their argument.
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Judge will give their judgement.
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Giving oral evidence in court
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As the allocated social worker if you are called to give oral evidence, you will be giving evidence in chief – this is the main body of evidence on which the local authority’s case rests, and which supports the local authority’s application for an order. During giving evidence, you will stand on the witness stand and the local authority’s legal representative will ask you questions, which you must answer to ensure all the relevant information is covered.
You will then be cross-examined by the legal representative for other parties involved. Their job, if they do not agree with the local authority’s care plan, will be to establish why their plan is better for the children than yours. This means that they will ask questions that help them make their points to the judge. Whilst this may feel daunting, you’re not likely to give evidence a lot as the court mostly tries to come to agreements and compromise without the need for giving evidence on the witness stand.
To help you with this process, here are some tips to prepare and to feel confident when being cross examined:
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Prepare. Re-read your statements and all the evidence. Make sure you know the children’s situation, the care plan, what has happened and what you and everyone is saying they want to happen.
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If you don’t understand – ask. It’s perfectly ok to ask the person to repeat the question or say you don’t understand. You should not respond with “no comment” when you are giving evidence. Much better to clarify than to try and answer a question you don’t understand.
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Don’t worry, it’s not a memory test. You can always ask to be shown documents in the bundle to refresh your memory. What the judge wants to know is your analysis as the expert social worker, rather than if you remember what is written in a document.
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Respond to the judge. Whilst the legal reps will be asking you the questions, the person you want to turn to is the judge to respond to them directly.
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Tackle any gaps; if there is a gap in the evidence, it’s always best in your ‘evidence in chief’ to raise this issue and explain your analysis. Don’t shy away from these challenges, as there will always be something that needs addressing. It also shows confidence and knowledge to bring these up before being cross examined on them. And it also helps to shut down any cross-examination questions, as you have already provided the answer to the judge.
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Be fair and give a balanced view; there is always something positive to say about someone’s parenting, so do highlight those.
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Speak loudly. The court room is usually big, and everyone needs to hear you, so speak loudly and clearly. And speak slowly. The judge and the legal reps will be taking a note of what you say, so speak slowly so they can write down all the important things you are telling them.
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Be aware of the language you use; avoid emotive language, vagueness or making statements that cannot be backed by evidence.
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This chapter is based on work completed by colleagues in Camden Children’s Services.
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