Response to Nuffield Family Justice observatory on use of remote hearings

28 April 2020

Dear Nuffield Family Justice Observatory,

Re: Nuffield Family Justice Observatory - The use of remote hearings in the family justice system

Social Work England is a specialist body taking a new approach to regulating social workers in their vital roles. We believe in the power of collaboration and share a common goal with those we regulate—to protect the public, enable positive change and ultimately improve people’s lives.

The hearings that we conduct relate to the fitness to practise of social workers. In response to COVID-19, we have experienced challenges and changes to our ways of working, including a rapid shift to the use of remote hearings.

We welcome the opportunity to share our experiences on the use of remote hearings and provide answers to your questions. Whilst we understand that this consultation is based on the family justice system, which has fundamental differences to our own work, we hope that our experience may help to inform your plans around remote hearings in the family justice system.

Consultation Feedback

Have you had direct experience of a remote hearing?

Social Work England has made use of remote hearings during the Covid-19 crisis for the purposes of its fitness to practise hearings. The hearings team are responsible for the management and progression of fitness to practise cases that progress to a hearing.

If yes, what sort of hearing was it, which court centre was involved, through which remote method was it conducted and what was your role?

In total Social Work England has been able to hold over 45 hearings using remote methods since its offices closed. The types of hearings that have been held are in relation to interim order applications and interim and substantive review hearings. We have also held 7 final hearings using remote methods.

Hearings have been held using Microsoft Teams which allows hearing parties to dial in using an electronic device with access to the internet. Microsoft Teams allows multiple parties to dial into a conference call either using video or teleconferencing. Hearing parties are provided with a link to the hearing in advance and can dial into the event on the day. Separate links are provided for the purposes of the panel members, allowing them to have “in-camera” discussions.

In Microsoft Teams there is a “lobby” function where people join a waiting area prior to being admitted, giving control to the meeting coordinator over who enters the meeting and when.

Members of the public can also be provided with a link to observe the remote hearing for public hearings.

What factors worked well?

Remote hearings have worked well in situations where social workers have not engaged with the process or have only provided written submissions to be relied upon. In normal circumstances, these cases would normally be considered by way of a meeting which would involve partners discussing the case in private at our offices in Sheffield.

Microsoft Teams allows participants to work collaboratively on documents which has meant it has been easier for panel members to produce their written determinations with the assistance of the hearing officer and legal adviser. Microsoft Teams also allows hearings to be recorded, ensuring that Social Work England can comply with its requirement to produce a verbatim transcript if required.

Social workers who have been involved in remote hearings have also commented that not having to travel to our hearing venue in Sheffield and worry about getting to the venue on time has allowed them more time to concentrate on their hearing.

Did you have any concerns?

For most panel members and social workers, engaging in a fully remote hearing will be the first time they have experienced a hearing from home. The hearings team have produced guidance and conducted a webinar for its partners on how to take part in hearings remotely and effectively use Microsoft Teams.

Where social workers indicate that they would like to engage in a hearing via remote methods, the hearings team offer a test call in advance to show the social worker what Microsoft Teams will look like and how they can effectively engage in the hearing.

There are limitations to the types of hearings that are suitable for remote hearings. Cases that require special counsel for the purposes of cross-examination or where hearing parties may be vulnerable, for example, will always need to be heard in person.

Hearings can take longer than normal as a result of IT issues. Panel members have also reported that partaking in remote hearings is more tiring as a result of prolonged use of computer screens. We encourage panel chairs to take breaks every 90 minutes.

Due to increased demand on internet providers, there have been occasional issues with internet lag and hearing parties having to repeat themselves when their internet connection drops out.

For the final hearings we have held so far via remote methods, we have been able to ensure that they have been conducted in a fair and open manner.

If you have concerns, do you consider that this way of working was justifiable in the short term?

Although not all hearings are appropriate to conduct remotely, by not using these methods we would have an inflated backlog of cases. This would mean we would not be able to maintain our mandatory review process to ensure that there is not a continued risk in the most serious of cases where an interim order or substantive order is in place. There are, however, challenges to operating remote hearings, as outlined above.

How could the experience be improved in dealing with the current crisis?

The majority of panel members and social workers using Microsoft Teams dial in using their laptop device from home. The ability to provide dedicated IT equipment such as noise-cancellation headphones and larger screens would assist the majority of hearing parties.

Have you had any direct feedback from lay clients or third parties (intermediaries/interpreters/experts) as to their experience of the remote hearing?

The majority of the feedback that Social Work England has received has been overwhelmingly positive and in support of the use of the remote hearing process. Social workers have commented that it feels less intimidating being able to engage in what can be a stressful process from their own home.

Panel members have made the following comments:

“My only feedback is that it was straightforward and worked well.”

“This was my first 3 days working at Social Work England and I very much appreciated the way you liaised with me about timing and working through the draft. This really helped with the remote setting and the first time using the screen to access the draft etc.”

“I felt I was able to hear and see everyone and able to get my points across and participate.”

“This was a positive experience and I am not an IT person but feel more confident after this to do more hearings.”

“This was a positive experience and far better than using Adobe Connect.”

Social Work England have also consulted with representative bodies for social workers. They have largely been in support of the process but have had reservations. These have mainly focused on the practicalities of social workers being able to engage in fully contested hearings or where they may have limited IT infrastructure at home.

The challenges that have occurred have been as a result of late submissions of documents and around hearing parties trying to pick up on non-verbal cues. The submission of late documentation will always cause delays in hearings; however, this becomes even more problematic when hearings are held by remote methods as staff are required to convert documents and ensure they are sent via secure methods to all parties.

Panel members have also commented it can be difficult to effectively read body language of social workers and witnesses when using videoconference. Panel chairs have been reminded to ask hearing participants to look at the camera when speaking and allow for pauses to ensure that submissions and evidence are captured.

Are you happy to be contacted for further questions?

I hope you find this feedback helpful and welcome the opportunity to discuss this further if you would find this useful.

Yours sincerely

Colum Conway