Times are changing.....................

In a matter close to Wilt’s heart (and his wallet) Community Care report on the fiasco with the LSC (Legal Services Commission). See article here: http://www.communitycare.co.uk/Articles/2010/05/05/114425/lawyers-hit-out-at-court-fee-cap-on-social-workers.htm

Another article here: http://www.communitycare.co.uk/Articles/2010/05/04/114412/cut-in-independent-court-report-fees-imperil-expert-input.htm

This has been going on for months – it’s an effort to restrict the ever growing public law court costs in child care cases. Essentially reducing the costs paid out in expenses to expert witnesses in preparing reports and in giving expert evidence. However it is restricted to reducing the costs of social workers specifically, as distinct from other experts such as psychologists/psychiatrists etc., etc.

Now Wilt, even though this work is the backbone (although not exclusive) of his business, has mixed feelings.

YES, all budgets need cutting back, and in my opinion far too many experts are engaged and not always successfully, Dr David Southall being a prime example http://news.bbc.co.uk/1/hi/health/8661639.stm

But why single out social work experts? Use them less is my answer, not cap their fees – but of course the LSC aint got any control over that.

And it is true, very experienced and competent experts will simply “fade away” and do something else – no doubt the LSC will have factored that scenario into their equation – I would as a business person, managing a budget.

The overall problem lies with the Children Act. The so called “charter for children” (as it was hailed) was nothing remotely resembling anything concerning children or putting their needs as “paramount.” The pecking order is as follows:

i)             Lawyers

ii)            Children’s guardians

iii)           Expert witnesses

iv)           Parents

v)            Children

Court proceedings involving children is big, big money. Utterly hopeless cases are examined to such a degree that is bewildering – however justice has to be done and be seen to be done, but not before the lawyers, guardians and experts have taken their (several) pounds of flesh in fees, and yes sometimes very high fees – you ever seen a poor solicitor?

If the Act is to do justice to children, it needs a massive overhaul. Do not get me wrong, there are some excellent lawyers, very sound guardians, very competent experts and some brilliant magistrates/judges – between them they resolve some highly complex cases, and in others cut through the crap and get to the point.

Expert social workers are sometimes necessary because, we know, some local authorities (not necessarily their social work staff) are utter crap. But folk can we please also recognise some local authority social workers (because of or despite of their organisation) are experts in their own right – yes there are indeed good social workers, and good organisations. It should not, as is common practice, to require an independent social worker to confirm this.

The simple message is – reduce demand on experts and do not cap fees. How that is done?  Change the legislation.

Community Care reported earlier here: http://www.communitycare.co.uk/Articles/2010/03/16/114063/court-fees-insult-to-independent-social-workers.htm

Wilt being both an “expert” witness (I prefer the term professional witness) and Independent Children’s Guardian has some insight into these matters. How many social workers, for Gawd sake, does it take to change a light bulb or indeed resolve a court matter – typically there is the local authority social worker (even several in some cases), possibly an “expert” social worker and then a children’s guardian.

Wilt is of limited ability but even he can count – that accounts for a minimum of three, and very possibly more, social workers per case.

There is already an expert in the proceedings – they are called a Children’s Guardian. Does it really need several more social workers?

Wilt