Local authorities should meet part of the cost of using expert witnesses in child protection cases, the Confederation of Independent Social Work Agencies (Ciswa) has stated. Ciswa directors Richard Jack, Philip King and Mark Willis said in an open letter, It has made the proposal because some solicitors “are inclined to avoid using experts who charge above the prescribed rates even where such experts offer a pricing model which is compliant with the rates,” They added: “Worryingly, these solicitors appear tempted to use low fee practitioners who are unlikely to have the requisite expertise to provide the necessary expert opinion in a case. This will expose children to unnecessary risk and [Ciswa] urges solicitors to stand firm in protecting the family justice system.”

The letter said Ciswa was “not prepared to simply accept the unfounded, discriminatory and misinformed stance of the Legal Services Commission in capping independent social work rates, as opposed to other experts”.

Ciswa said its members provided courts with advice based on witnesses’ lengthy careers in social work but they could do this only “at a minimum professional rate of £65 per hour”, a fee that reflected the skill level involved and the training and accreditation needed.

It proposed that where a local authority is involved in a case, the LSC should pay 100% of the professional hours at £30 per hour, plus all the travel and mileage, and the local authority should then make up the shortfall by paying the fee level above the LSC limit, at £35 per hour.

“We consider this is fair to all the parties whilst still complying with the new regulations applicable on funding certificates issued from 9 May 2011,” the letter said. “We do not believe that the LSC have the authority to insist that the local authority pay a proportion of the £30 in circumstances where it is funding the remaining cost per hour of £35. That is neither fair nor reasonable.”

But it warned that in cases that did not involve a local authority “then regrettably Ciswa members will be unable to offer one of their independent social work experts to assist with a case”.

Further details: http://www.ciswa-uk.org/