Courting trouble…?

Andrew Martin / John Woodhouse

April 2024 -

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This insight is more than 6 months old...

Please note that this insight was first published in October 2019, and therefore whilst the subject matter is still relevant, it may not represent the most up to date information or use of language in this area.

Introduction

Court cases are on the rise, both in private and public law. Staff are often approached by a parent to hear their account of events, to raise a concern or to complain they have not been treated fairly by the school, especially where separations are acrimonious or parents fear the local authority may get involved. There is also an increasing chance that you may be approached by either family members or the local authority to produce a statement for or give evidence to the court.

Whilst some organisations are used to going through the court process, including giving evidence in court, for many it can be a difficult and unknown process.  As one DSL stated:

There are so many aspects of our job that we do not receive training for and there is often an assumption that we just know what to do.

Anonymous DSL

Whilst for many, the main learning will come from the experience of going through the process, this safeguarding insight sets out a basic understanding of courts, the dos and don’ts and how our approach (for example in dealing with disclosures) can have significant implications for a court case.

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Types of court


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Evidence and the burden of proof

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Statements


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Attending court

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Summary

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What do I need to do?


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