Quick Reference
Family Court assessments: frequently asked questions
Quick answers to the questions I get asked most often by parents, carers, and professionals. For more detail on any topic, follow the links to the full guides.
Quick answers to the questions I get asked most often by parents, carers, and professionals. For more detail on any topic, follow the links to the full guides.
An independent social worker is a qualified, registered social worker who is instructed by the court to carry out assessments independently of the local authority, Cafcass, and the parties in the case. I don't work for any of them. I'm instructed to form my own professional opinion based on what I find. You can read more in my guide on what to expect from an independent social work assessment.
A local authority social worker works for the council and is involved in the day-to-day management of a case. An independent social worker is brought in separately by the court to provide an independent assessment. The key difference is independence: I have no prior involvement, no organisational position to defend, and no outcome I'm working towards. I follow the evidence. There's more on this in my what to expect guide.
Fees vary depending on the type and complexity of the assessment. I provide a clear fee schedule upfront with no hidden costs. In care proceedings, the cost is usually shared between the parties or covered by Legal Aid. In private law, fees are agreed at the point of instruction. I'm available for both privately funded and Legal Aid work. See my guide on instructing an independent social worker for more detail.
Part 25 of the Family Procedure Rules governs expert evidence in family proceedings. An independent social worker instructed to carry out an assessment is a Part 25 expert. The court must give permission for the instruction, and it will only do so if the assessment is necessary to resolve the case. My instructing guide covers the process in full.
Most assessments take six to twelve weeks depending on the type and complexity. A viability assessment might take two to four weeks. A full ParentAssess or SGO assessment typically takes eight to twelve weeks. The court sets the deadline and I work to meet it. My what to expect guide walks through the timeline in more detail.
Usually, yes. Home visits are standard because they help me see your family in a natural setting. I'm not inspecting your house. I'm there to talk with you in a space where you can be yourself. My guide on preparing for your assessment covers what to expect from a home visit.
If the court has ordered the assessment, refusing to engage will not stop the proceedings. The assessment will still go ahead, and the report will note that you declined to participate. The court will draw its own conclusions from that. It is almost always better to engage, even if you disagree with the process. Your solicitor can advise you on your options. There's more on this in my what to expect guide.
Yes. You can have your solicitor present during any interview. Most people choose not to, but it's entirely your right and I'll never discourage it. See my guide on preparing for your assessment for more on how interviews work.
The report is filed with the court and disclosed to all parties. Your solicitor will share it with you once it's been filed. You won't see it before filing, as it's an independent document that goes to everyone at the same time. My what to expect guide explains the full process from instruction to filing.
The report is the assessor's professional opinion, not the final decision. Your solicitor can challenge any aspect of it at the hearing. You or your barrister can question the assessor directly when they give oral evidence. The judge makes the final decision, not the assessor. There's more on this in my what to expect guide.
The welfare checklist is set out in Section 1(3) of the Children Act 1989. It lists the factors the court must consider when making decisions about children: the child's wishes and feelings, their physical and emotional needs, the likely effect of any change, their background, any harm suffered or at risk of suffering, the capability of each parent, and the range of powers available. Every assessment is analysed through this framework. My Section 7 guide explains how the checklist works in practice.
A letter of instruction (LOI) is the document that sets out the questions the court wants the assessor to answer. It's drafted by the lead solicitor and agreed by all parties. A well-drafted LOI with specific, focused questions produces a much more useful report than a vague one. My guide on instructing an independent social worker covers what makes a good LOI.
A closing letter is a personal letter written directly to the assessed person at the end of the assessment. It's written in plain language, not legal jargon, and explains what I found and what I've recommended to the court. I include one in every assessment. It matters that you hear from me directly, not just through your solicitor's summary of the report. My what to expect guide has more on the closing letter.
The court bundle is the collection of all documents relevant to the case. It includes statements from the parties, social work assessments, professional reports, court orders, and any other evidence. I read the full bundle before starting an assessment so I have the complete picture before meeting anyone. My instructing guide covers what to include.
Cafcass stands for the Children and Family Court Advisory and Support Service. It's a public body that advises the Family Court on what's best for children. Cafcass officers can be appointed as Children's Guardians in public law cases or to write welfare reports in private law cases. Independent social workers are separate from Cafcass and are instructed independently by the court. My Section 7 guide explains the difference in more detail.
Significant harm is the legal threshold for state intervention to protect a child. It's the test the court applies in care proceedings under Section 31 of the Children Act 1989. If a child is suffering, or is likely to suffer, significant harm attributable to the care being given, the court can make a care or supervision order. What counts as "significant" depends on the circumstances of each case. My Section 37 guide explains this threshold in full.
Parental responsibility is the legal term for all the rights, duties, powers, and responsibilities a parent has in relation to their child. Birth mothers have it automatically. Fathers have it if they were married to the mother, are named on the birth certificate (post-2003), or have obtained it through a court order or agreement. Special guardians also acquire parental responsibility. It determines who can make decisions about a child's education, medical treatment, and upbringing.
A Section 7 report is a welfare report that helps the court decide arrangements for a child in a private law dispute. A Section 37 is a direction to the local authority to investigate whether a child needs protecting from significant harm. They are ordered for very different reasons. Section 7 is about welfare within a parental dispute. Section 37 is about whether the state needs to intervene. I have full guides on both: Section 7 reports and Section 37 reports.
A Special Guardianship Order gives the carer parental responsibility without severing the child's legal relationship with birth parents. The child keeps their name, birth parents retain some parental responsibility, and contact is usually maintained. Adoption is permanent and final, completely ending the legal relationship with birth parents. For kinship carers, SGO is often the better option because it provides legal authority while preserving family identity. My SGO assessment guide covers this in detail.
A viability assessment is a short, focused initial assessment to decide whether a proposed carer is worth progressing to a full assessment. It typically takes two to four weeks. A full assessment (connected persons or SGO) is much more detailed, takes eight to twelve weeks, and results in a recommendation to the court. The viability is the first filter. I have guides on both: viability assessments and SGO assessments.
A plain-language guide for parents and carers who've been told an ISW has been appointed.
For FamiliesPractical advice on what to do before and during interviews, home visits, and observations.
For ProfessionalsFor solicitors and local authorities: how to instruct, what to include, and what to expect.