Court of Protection Independent Social Work Reports
Do you require an Independent Social Work Report for Court of Protection Proceedings?
As a team of experienced Social Workers, we can be instructed in Court of Protection matters concerning the mental capacity or best interests of your clients. We can also be instructed to complete Care Act (adult social care) assessments and support plans. We are often instructed in such matters and have decades of combined experience undertaking adult care needs assessments, mental capacity assessments and making best interests decisions. If you instruct us, you matter will be dealt with by either a Director, senior Social Worker or Associate Social Worker with experience of writing court or tribunal reports. Many of out team are also Best Interests Assessors.
What is a Best interests Assessor (BIA) and why does it matter?
Mental capacity assessments and best interests determinations can be made by anyone. Depending upon the decision in question, the assessment and determination can be made by family members, donees of a Lasting Power of Attorney, court appointed Deputies, and health and social care professionals. Best interests determinations can be made within a best interests meeting with a single person being the ultimate decision maker. A Best Interests Assessor on the other hand is a health or social care professional with additional training to that of other health and social care professionals. Best Interests Assessors make determinations relating to human rights and whether a person has the mental capacity to consent to arrangements that may amount to a deprivation of liberty. They are therefore highly skilled at assessing mental capacity and making best interests determinations for all matters that might be considered by the Court of Protection, not just those relating to Article 5 of the European Convention on Human Rights (Deprivation of Liberty). BIAs are trained to undertake assessment and write reports to a very high standard, and undertake decision making in complex risk situations.
What decisions can we assist the Court of Protection with?
We can assist the Court of Protection with any matters that require an Independent Social Work report; any matters relating to deprivation of liberty, mental capacity or best interests. We can be instructed by lawyers representing people or their representatives who are challenging the lawfulness of a Deprivation of Liberty Safeguards (DoLS) authorisation. People who are subject to the DoLS regime have a right to have their case heard speedily in a court should they, or their representative wish to appeal the decision. We can be instructed as an Independent Social Workers to make a determination on whether the person lacks the mental capacity to consent to the arrangements, or whether the current or proposed arrangements are in the person's best interests.
We can also be instructed to undertake social care reports. For adults our reports follow the assessment framework within the Care Act 2014 and explore the person's social care needs as well as considering the eligibility criteria for adult care and support. We consider the all important wellbeing principle and determine whether the person's wellbeing is being promoted with the current or proposed care arrangements. As is often the case alongside social care assessments, we can be instructed to draft support plans which detail the support the person requires and who is going to provide it. We also consider risks and contingency planning.
What experience of writing court reports and attending court hearings do we have?
We have a wealth of experience writing court compliant reports and attending different courts and tribunals as expert witnesses. These include the Court of Protection, Crown Court, Coroner's Court, First-Tier tribunal (SEND) and First-Tier Tribunal (Immigration and Asylum). If you wish to instruct us, or have any further questions, we will be pleased to assist. If you are a lawyer and regularly instruct Independent Social Workers as expert witnesses, we will gladly visit your offices to talk about how we can assist you in matters relating to the Court of Protection.
Gary Crisp helps lead the team of experts. He is a qualified Expert Witness and holds The Cardiff University Bond Solon (CUBS) Expert Witness Family Certificate (2021). The team can be instructed as an experts in the following areas of adult social care: Care needs and Carer assessments (Care Act assessments), Support Planning, Care planning, Mental Capacity assessments and Best Interests decisions, Deprivation of Liberty and the Deprivation of Liberty Safeguards.
Gary has undergone the following Bond Solon Expert Witness training: Excellence in Report Writing (2020), Courtroom Skills (2020), Cross-Examination Day (2021), Family Law and Procedure (2021) As well as writing reports that are compliant with the various court rules, our expert witness reports are rooted in Social Work theory and good practice principles.