Legal & Court

Writing Court Statements in Social Work: Complete UK Guide

January 2025•14 min read

Understanding Court Statements

Court statements are formal documents that present evidence to the Family Court. As a social worker, your statement may be the primary document the court relies upon to understand a family's circumstances and make decisions about a child's welfare.

Court statements differ from case notes and assessments. They are written specifically for legal proceedings and must meet the court's requirements for evidence. The quality of your statement can significantly influence the outcome of proceedings.

Types of Court Statements

Witness Statement

A witness statement sets out the facts as you know them. It should cover what you have seen, heard, and done, and what you have been told by others (which is hearsay and should be identified as such).

Position Statement

A position statement summarises the local authority's position at a particular point in proceedings. It's usually shorter and focuses on what has happened since the last hearing and what the local authority is seeking.

Final Statement

A final statement is prepared for the final hearing. It must address all the threshold criteria and set out the local authority's care plan and recommendations.

Key principle: Your statement is evidence. Everything you include must be accurate, capable of being verified, and clearly distinguish between fact, hearsay, and professional opinion.

Structure of a Court Statement

1. Heading and Formalities

  • Case number and court
  • Title of proceedings (In the matter of...)
  • Your name, role, and qualifications
  • Date of statement
  • Statement number (e.g., "First Statement")

2. Introduction

  • Your role and involvement with the family
  • How long you have been involved
  • The purpose of this statement
  • What you will address

3. Background and History

  • Family composition
  • Relevant history of local authority involvement
  • Key events leading to proceedings

4. Evidence

  • Chronological account of your involvement
  • What you observed and assessed
  • Information from other professionals
  • Family's views and responses

5. Analysis and Opinion

  • Your professional assessment
  • Risk analysis
  • Consideration of options
  • Recommendations

6. Threshold and Care Plan

  • How threshold criteria are met (in care proceedings)
  • The proposed care plan
  • What orders are sought

7. Statement of Truth

"I believe that the facts stated in this witness statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth."

Writing Style for Court

Be Clear and Precise

  • Use plain English—avoid jargon
  • Be specific about dates, times, and locations
  • One point per paragraph
  • Use numbered paragraphs for easy reference

Distinguish Fact from Opinion

  • Fact: "On 15th March 2025, I visited the home and observed..."
  • Hearsay: "The health visitor informed me that..."
  • Opinion: "In my professional opinion, based on..."

Use Evidence-Based Language

  • Show your reasoning, not just your conclusions
  • Reference specific observations and sources
  • Explain why you have reached your opinion

Prepare Clear Court Evidence

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Common Mistakes to Avoid

1. Being Too General

Avoid vague statements like "The home was dirty." Instead: "On 15th March 2025, I observed unwashed dishes in the sink, food waste on the kitchen floor, and cat faeces in the living room."

2. Including Irrelevant Information

Every paragraph should be relevant to the issues the court needs to decide. If information doesn't help the court understand the risks or the family's circumstances, consider whether it needs to be included.

3. Confusing Fact and Opinion

The court needs to know what you actually observed versus what you believe. Always be clear about which you are presenting.

4. Not Acknowledging Positives

A balanced statement that acknowledges strengths as well as concerns is more credible. If there are positives, say so.

5. Using Emotive Language

Keep language neutral and professional. Let the facts speak for themselves.

6. Not Addressing the Threshold

In care proceedings, your statement must explain how the threshold criteria in Section 31 are met. Don't assume this is obvious.

Preparing Your Statement

Review All Records

  • Case notes and contact records
  • Assessment documents
  • Correspondence
  • Reports from other professionals
  • Previous court documents

Use a Chronology

A detailed chronology helps you structure your evidence and ensures you don't miss key events. It may also be a separate document for the court bundle.

Check for Accuracy

  • Verify dates and facts against records
  • Check names and spellings
  • Ensure quotes are accurate
  • Confirm information from other professionals

Get It Reviewed

  • Manager review for accuracy and completeness
  • Legal team review for legal issues
  • Allow time for revisions

Working with Legal

Briefing Your Lawyer

  • Provide clear instructions about what you want to achieve
  • Highlight any concerns or complexities
  • Share relevant background they may not know
  • Ask questions if you don't understand legal issues

Responding to Directions

  • Understand what the court has ordered
  • Meet filing deadlines
  • If you can't meet a deadline, inform legal immediately

Timescales and Deadlines

Court statements must be filed by the date ordered by the court. Missing deadlines can:

  • Delay proceedings
  • Result in costs orders against the local authority
  • Undermine your credibility
  • Impact on the children involved

The 26-week limit for care proceedings means that timely filing of statements is essential.

After Filing

Prepare for Cross-Examination

  • Re-read your statement before the hearing
  • Anticipate challenges to your evidence
  • Review the other parties' statements
  • Discuss with your lawyer what questions to expect

Updating Your Statement

If circumstances change significantly after you've filed, you may need to file an addendum statement. Always discuss with legal first.

Conclusion

Court statements are among the most important documents you will write as a social worker. They require careful preparation, clear writing, and rigorous attention to accuracy. A good statement helps the court understand the situation and make informed decisions. Take the time to get it right—the outcomes for children depend on it.