Navigating Assessments in Care Proceedings: Experts, Participation, Funding & Recent Developments

Introduction

A fair amount of time will be spent by the child practitioner in dealing with what type of assessment is required in a care case and then making any necessary application, sorting out the funding and ensuring that the client is able to actively participate within the proceedings. Having a good understanding of the necessary law, regulations and case law in relation to this matter will ensure that you are more competent and able to address matters swiftly.

There have been ongoing developments in this field, particularly surrounding matters as to who pays for assessments, what steps need to be taken leading up to applying for the assessment, who can be instructed and the timescales.

These and other matters will be discussed further in this webinar.

What You Will Learn

This webinar will cover the following:

• What format do Social Work Assessments take?
• What is provided within the Working Together Guidelines as to assessments and timescales?
• Participation Directions relating to vulnerable witnesses and parties
• Applications under s.13 Children and Families Act 2014
• Compliance with Part 25 and the Practice Directions
• When would one seek a direction under s.38(6) Children Act 1989?
• Recent changes surrounding the use of ‘Regulated Experts’ in 2026 when dealing with children matters
• When can we still use ‘Unregulated Experts’?
• Guidance on the use of interpreters and what the court needs to be aware of from the lawyer - consideration of Re X and Y [Care Proceedings: Fact-Finding: Death of a Child|: Expert Evidence]
• Is there a difference between therapy, counselling assessments for the purposes of seeking an order? Consideration of Re Y (A Child) (s.38(6) Assessment)
• Written questions and experts at court - approach, funding and procedure - Position as set out in A Local Authority v AX and others
• Dealing with cases where a parent has a learning disability - Consideration of Nottinghamshire CC v XX and Others and implications when assessing parents with a learning disability
• When would a capacity assessment be necessary and what steps should you take for the Official Solicitor to become involved?
• The current updated Guidance on remuneration of expert witnesses - what can the Legal Aid Agency pay for and in what circumstances?
• What is the position with funding for drug and alcohol testing and DNA testing?
• Difference between intermediaries and lay advocates - is it to be a Part 25 application?
• Test for Intermediary - Consideration of Re M (A Child: Intermediaries)
• President's Guidance on the use of intermediaries, lay advocates and cognitive assessments in the Family Court
• How should childcare practitioners be dealing with applications for prior authority applications? Consideration of Re K and Re S (Legal Aid: Experts’ Fees)