New government yet to decide on independent court fees

The new Conservative-Liberal Democrat coalition government has yet to adopt a formal position on the proposed capping of court fees for independent social work expert witnesses but the position may become clearer over the coming weeks, BASW has been told.

BASW approached the new Ministry of Justice team, led by secretary of state Ken Clarke, just days after the new government took office, ensuring ministers were aware of the Association’s concerns about plans to slash their court fees in half. BASW and a number of independent social workers (ISWs) called on the Labour government back in March to drop its plans to cap court fees from October to Cafcass rates of £33 an hour in London and £30 outside London.

Responding to the request for the new government’s position, an MoJ spokesperson told BASW Online: “The new government is currently being formed and we are not yet in a position to say how this will be taken forward”. He added that things may be clearer “within a couple of weeks”. BASW pledged to raise this issue with the department in early June.

Delegates to a March conference held in London pressed the Ministry of Justice head of family legal aid, Alan Pitts, to abandon the new fees and include ISWs in an ongoing review of payments to all expert witnesses.

Pitts, who admitted he had no idea what ISW’s do, agreed to a further meeting at the MoJ to discuss their grievances. 

At the time Pauline Jordan, an independent social worker from Brighton, said that psychologists could charge up to £200 an hour as expert witnesses, compared with an average of £60 an hour for ISWs.

She said that the government had picked on ISWs because they lacked the “professional clout” of other court experts. “It was clear from the MoJ civil servant that this decision has not been based on proper research,” Ms Jordan said. “I won’t work for the new rates and all the ISWs I’ve spoken to have said the same thing. It’s insulting.”

Many delegates pointed out that ISWs are responsible for their own training, equipment and administration, unlike Cafcass social workers who have organisational back-up.
Mr Pitts, denied that ISWs had been singled out, adding that other experts’ fees were under scrutiny. “Ministers have made it clear that we have to control the legal aid bill and experts’ fees are an increasing cost,” he said. “Certainly we’re prepared to talk to people and listen to their concerns, but this decision was taken a long time ago. I don’t accept that the MoJ didn’t have enough information on which to base its decision.”