Solicitors instruct social workers in the Family Court every week, and the process there has been polished by twenty years of practice directions and case management. Immigration instructions are different. There is no Part 25 gatekeeping in most appeals, no standard letter of instruction in common use, and no habit of expert case management. That freedom is useful, but it also produces the reports tribunals criticise. Here is how to get it right.

When a social work report actually helps

Three situations, mainly. First, when the case turns on care: who provides it, how much of it, and whether anyone else realistically could. Second, when the case turns on a child: best interests under section 55, or the individual impact of deportation on this particular child. Third, when the family's account needs independent testing before a judge hears it, because an account that has been examined by a professional and survived carries weight that an untested statement does not. If your case does not fit one of those, save your client the fee.

What to send

Everything. The Home Office bundle, the witness statements, and, critically, any family court material that exists. Tribunals have given social work reports little weight precisely because the expert had not read the family proceedings. If there are papers you cannot release, say so in the instruction so the report can record what was and was not available.

What to ask for

Put the legal test in the letter. If the question is whether deportation would be unduly harsh on the children, say so, and the report can be structured around the scenarios the tribunal has to consider. Vague instructions produce vague reports.

What a good report looks like

Twenty pages or fewer, because the Practice Direction says so and because discipline is a feature, not a limitation. A methodology section that says who was seen, where, for how long, and with what records. Analysis that distinguishes what the family says, what the records show, and what the expert observed. A range of opinion where the evidence supports more than one view. And declarations that mean something, from an expert whose duty is to the tribunal and who has been cross-examined often enough to take that duty seriously.

Timescales and money

A properly done report takes eight weeks from the papers. Budget £1,750, with travel on top; be suspicious of much cheaper, because the difference is usually the testing. Agree the fee fixed, at instruction, and expect to pay a proportion up front. That is normal in this market and it protects both sides.

Frequently asked questions

What should the letter of instruction contain?

The legal question, stated against the statutory test; the disputed issues as they are understood at the date of instruction, because the Practice Direction requires the letter to be attached to the report; the completion date; and a list of the enclosures. Proposing the instructed question is part of what I do at enquiry stage, so ask if you would like a wording.

What documents should I send with an instruction?

Everything: the Home Office bundle, the refusal decision, all witness statements, medical evidence for anyone whose health matters to the case, and any family court or social services material that exists. Tribunals have criticised expert reports precisely because the author had not seen the family proceedings. If something cannot be released, say so, and the report will record what was and was not available.

When is a social work report not worth commissioning?

When the appeal does not turn on care, on a child, or on family life that needs independent testing. A report cannot fix a case that turns on something else, and an expert who takes the instruction anyway is not doing your client a service. I decline instructions that do not fit.

How much should we budget?

Around £1,750 for a properly done report, with travel on top; that is my fixed fee whatever the type of report. Be wary of significantly cheaper reports, because the difference is usually the testing: the records read, the claims checked, the collateral calls made, the family seen at home.

Related guides

Instructing for the tribunal?

Send a short outline of the case and the hearing date. I will come back to you within one working day.