Supporting good Court craft: Practice Tool (2019)

Key messages

• Court craft is a core competency for practitioners, and confident practice can be developed with the right knowledge and support.
• The role of reflective supervision, and the support of managers, is essential in developing the skills needed for good court craft.
• Being legally literate is part of court craft, but it is not enough on its own.
• A cornerstone of good court craft is defensible decision-making.
• Understanding what excellent practice looks like - in terms of recording, writing and presenting for court - helps the development of court craft skills.
• Good relationships – between the practitioner and the person, and the supervisor and supervisee – can support the practitioner to feel confident in preparing for and appearing in court.
• Tools and case law examples can be used to reflect on legal literacy, decision-making and to prepare for the court process.

Introduction

This resource, and its accompanying tools grouped at the end of the resource from page 16, supports people working in adult social care to:

• develop their skills and knowledge in relation to writing for, and appearing at, court
• feel more confident in their court craft
• enable practice and decision-making which is transparent, evidence-informed, supportive of strengths-based practice and less open to challenge.

It does not provide detailed guidance on social care law or replicate guidance issued by the courts.

It provides:

• An overview of the different types of court and the common circumstances or reasons why practitioners may be expected to attend.
• Explanation of the different roles of the practitioner in court.
• Guidance for everyday practice that supports defensible decision-making.
• Guidance on writing statements and reports for court, including looking at the burden and standard of proof.
• An overview of some of the key learning from case law related to social work practice.

The accompanying tools offer guidance, templates and tips to support the professional development and maintenance of court craft skills and knowledge. They are relevant to all social care practitioners who may need to write for or attend court. There is also an accompanying briefing for managers and supervisors to support the development of good court craft - Supporting good court craft: Supervisors’ Briefing