Independent Social Workers “increasingly reluctant” to undertake work due to frozen legal aid rates, late payments by councils and travel costs

ISWs assess issues such as neglect, sexual or physical abuse, substance misuse, domestic violence, mental health issues, and parental conflict.

The Family Courts and many local authorities rely on them to provide advice and recommendations on complex child welfare issues.

NAGALRO warned: “This demanding, specialist work requires considerable expertise and experience, yet remuneration for ISWs does not reflect these demands. The hourly rate of £35 for professional time has remained unchanged for four years.”

The rate of pay given to ISWs is paid and set by the Legal Aid Agency (LAA) and is tied to Cafcass rates.

However, according to NAGALRO, the recent increase in mileage rate from 0.45 pence per mile to 0.55 pence per mile, which was approved by HMRC effective from April 2026, has not been approved by the LAA to be paid to ISWs. ISWs continue to claim 0.45 pence per mile.

NAGALRO said: “A review in November will consider the rate increase, and until that time the LAA has refused to keep to the arrangement which aligns ISW fees with Cafcass.

“ISWs are increasingly reluctant to undertake this essential work, in particular due to locum and agency social worker fees now being up to £45 per hour or more, late payments by local authorities and solicitors, as well as fee rates and travel costs not being competitive when compared to other Social Worker roles.”

It warned that until Independent Social Workers are recognised for their work and “recompensed appropriately”, their availability will “continue to decline” with “an inevitably negative impact on the progress of many public and private law matters”.

The Legal Aid Agency has been approached for comment.

Lottie Winson