Court Appearances

In the course of fostering it is recognised that there may be occasions when a Foster Carer is called upon to give evidence in Court. This might seem a daunting task and Foster Carers will require support and preparation. If this situation occurs the Supervising Social Worker and Child or Young Person’s Social Worker will work closely with the Foster Carer to ensure they have the confidence to carry out this task.

The Fostering Agency promotes good and accurate record keeping by Foster Carers for Children and Young People in a placement which is factual and distinguishes fact from opinion.

The following list, although not exhaustive, are some tips that can help Foster Carers prepare for the task of attending Court and on the actual day:

• If Foster Carers are asked to prepare a report or statement for Court, they should ensure that their Supervising Social Worker or the Child or Young Person’s Social Worker provides guidance and support as to what the report should contain and how it should be set out;
• Foster Carers should dress neatly and tidily so that they feel comfortable. A pleasant physical appearance demonstrates to the Court an interest and concern in the case at hand;
• Foster Carers may sometimes get caught up in the emotional aspects of testifying in Court, particularly with sensitive cases. Demonstrating genuine emotion is fine, but try to speak slowly and clearly so that all present can understand the statements made, anxiety and tension can cause people to talk faster than usual. Speaking slowly allows time to breathe, think and prepare statements;
• When awaiting the witness stand or when testifying, sit/stand straight and tall with squared shoulders and firm, confident eye contact;
• Always tell the truth. Misrepresenting the truth to protect what you consider to be what’s best for a Child or Young Person is not only perjury and jeopardises the outcome of the case in hand, but it also affects a Foster Carers credibility in future Court appearances and as a Foster Carer;
• Telling the truth may additionally involve having to say 'I don't remember' or 'I don't know'. Avoid speculating or making guesses, as this could jeopardise the case of a foster Child or Young Person. Only comment upon events within your knowledge or experience;
• Present the evidence in a factual form and only give an opinion if asked;
• Foster Carers who testify in Court should feel comfortable asking judges or lawyers to repeat any questions before answering. This helps avoid misunderstanding a question and responding incorrectly;
• If a lawyer calls an objection, stop responding to a question. The presiding judge will direct whether this question must be answered.

• Foster Carers should ensure that they have good support on the day for themselves, preferably from someone who can be with them before and after they give evidence.