Introduction

Court craft – the right blend of competencies to support confident assessment, analysis and presentation of information to court – is an important aspect of adult social care. Good, defensible decision-making is at its heart.

This briefing is aimed at managers and supervisors – those working at the strategic level of the Professional Capabilities Framework (PCF) who have responsibility for the management, supervision and/or practice development of others. However, it will also be useful for wider groups of staff.

The briefing is also designed to support both the development of an individual’s court craft, and also to grow a team’s overall competencies.

It aims to support good court craft by:

• Reinforcing the importance of court craft skills and knowledge across different levels and roles, including explaining how these map against the PCF and Knowledge and Skills Statements (KSS).
• Identifying ways to enable practitioners to become knowledgeable, skilled, confident and credible when preparing for, and working in, a court setting.
• Considering ways to develop practitioners’ skills of good recording and clear, defensible decision-making.
• Providing details of resources and case law that will assist in keeping court craft skills and knowledge up-to-date, developing and deepening practitioners’ confidence and understanding.
• Offering points for reflection and discussion.

The case law examples throughout this briefing are particularly recommended as a basis for team discussion. These situations will help practitioners become familiar with a variety of court situations, consider the impact of legal proceedings on the adults who use services and their families, and make links between social care decision-making and good court craft.

The content covers the general application of the skills and knowledge needed when preparing for and attending court, with some emphasis on Court of Protection. It should be read in conjunction with the rest of the Research in Practice for Adults Good Court Craft Resource Hub. It is not intended as a guide to interpretation of the law, or to replace legal advice.

Note: As of Spring 2019, Social Work England will take over as the regulatory body for social workers and the standards of practice referred to in this briefing are likely to change. Occupational Therapists will remain under remit of the Health and Care Professions Council. Managers and supervisors need to be aware of the relevant regulator and standards for different staff in their teams.