Community Care reports on the prospect of Independent Social Workers quitting over the fees cap to be introduced by the LSC in October. What the article fails to disentangle (in fact it rather adds to the confusion) is the distinction between ISWs contracted by CAFCASS on a self employed basis to carry out Guardian or report writing work it does not have the in house resource to manage (and for which CAFCASS pays its own rate) and ISWs instructed as an expert by the parties with the permission of the court, and whose costs will be met (usually) by the LSC at its own rate. I know that there have been complaints about both the CAFCASS rate and the proposed rate via the LSC, and the thrust of the article is right: ISWs are finding it a real squeeze. Many are quitting working for CAFCASS, or have already done so, only to find that their other source of self employed income i.e. expert instructions will also be severely limited.
It’s important to distinguish between a self employed CAFCASS Guardian and a social worker who is instructed as an independent expert in the case with the permission of the court. Their roles are quite different, and whilst each is independent in their own way it is not the role of a Guardian to conduct in depth assessments of a family or children. Where that work has not been completed by social services or has not been completed satisfactorily or with an independent and open mind the only means by which a parent can obtain a fair and thorough assessment is via ISW report. This type of report can turn a case around. If social workers flee not just CAFCASS, but refuse to undertake assessments at £30 an hour too, there will be injustices.