The information for this study was collected using an interview schedule.
This chapter is divided into six sections. Firstly, demographic data of the respondents will be discussed. Secondly, the respondents' comments of training are examined. Thereafter, the perceptions of respondents in relation to the various role players will be analyzed. This is followed by an analysis of the respondents' experiences as expert witnesses in court. Fifthly, the
problems encountered by the respondents in the legal setting are considered.
Finally, the respondents' general comments regarding their perception of forensic social work are examined.
The analysis of data does not complement the sequence of questions in the interview schedule and percentages have in most instances been rounded off to the nearest whole.
3.1 DEMOGRAPHIC DATA
The demographic data collected in this study included information on the respondents' current positions, their qualifications, years of experience and the different courts that the respondents have been exposed to.
TABLE 3.1 CURRENT POSITION
CURRENT POSITION NO %
Probation Officer 2 15
Family Counselor 1 8
Social Worker ( Child Welfare) 6 46
Social Worker ( Child line) 3 23
Social Worker ( Provincial 1 8
Department)
TOTAL 13 100
Table 3.1 clearly illustrates that the majority of respondents in this study were social workers functioning in a Child Welfare setting ( 46%). All the social workers in the study are involved in court work, some to a greater extent than others. For example, social workers who function as probation officers and family counselors work predominantly in the court system. In comparison, court work is only one facet of the work undertaken by social workers at a Child Welfare agency. There are no social workers, in the study area, who have been employed specifically to function as intermediaries. Probation officers, social workers employed at Child Welfare and at Childline indicated that they are often called to serve in the capacity of intermediaries. This clearly reflects a gap in terms of service delivery, as cases sometimes need to be adjourned when an intermediary cannot be found.
TABLE 3.2 QUALIFICATIONS
QUALIFICATIONS NO %
B. A. Social Work 11 84
B. A. Social Science 1 8
M. A. Social Work 1 8
TOTAL 13 100
A tertiary qualification is a prerequisite for a social worker to function in this profession. All the social workers had the required four-year degree and one social worker had a Master's degree. Five respondents (not reflected in the table) are currently registered for post graduate studies. Barker and Branson (2000: 22) maintain that expertise in all fields must be "built upon a foundation of extensive formal education followed by considerable experience". The respondents' years of experience will be discussed in the next table.
TABLE 3.3 YEARS OF EXPERIENCE
NO. OFYEARS NO %
0
-
5 3 235 - 10 1 8
10 - 20 9 69
Total 13 100
In South Africa, qualifying as a social work expert is not dependent upon years of experience. For instance, a newly qualified social worker is
accepted in court as an expert because of his or her qualifications as a social worker. In addition, the Child Care Act 77 of 1983 confers on all social
workers the status of an expert. This is in contrast to Mason's assertion in Barker and Branson (2000: 54) that experience was one of the characteristics most frequently mentioned as qualifying the social worker as an expert. This is qualified by Barker and Branson (2000:54 ) who added that experience enables a social worker "to respond to the examiner's questions in ways that are most helpful to all concerned". In this study, 69% of the respondents had between 10 and 20 years of experience in the profession of social work.
TABLE 3.4 COURT EXPOSURE
TYPE OF COURT YES NO TOTAL
Criminal Court 10 (77%) 3 (23%) 13 (100%) Children's Court 13 (100%)
-
13 (100%)High Court 8 (62%) 5 (38%) 13(100%)
All respondents had experience in the Children's Court, while 77% had experience in the Criminal Court and 62% in the High Court. All respondents indicated that whilst they had gained experience in the different courts, that they had experienced problems that impeded their effectiveness in court.
3.2 TRAINING
This section focused on the respondents' exposure to training in preparation for court work. In addition, the respondents' knowledge of courtroom
processes is discussed.
TABLE 3.5 UNDERGRADUATE EXPOSURE TO LAW AND LEGAL ISSUES RECEIVED AT UNIVERSITY
RESPONSES NO %
Yes 2 15
No 11 85
TOTAL 13 100
It is significant to note that 85% of the respondents indicated that they had no training in legal issues prior to their first experience in court. This is surprising, given that the Child Care Act 77 of 1983 forms part of the
curriculum for social work students. These respondents did not view the Act as forming part of their preparation for court work. The two respondents who answered in the affirmative, provided the following descriptions of the legal elements of the training programme that they received whilst at university:
o
"Welfare law was a subject that formed part of the curriculum. It included all aspects relevant to children in the courts".o
"The Child Care Act and the role of the social worker in the courts".o
"Procedure and protocol in court".In addition, the two respondents also indicated that whilst they had received some training, more was needed. Respondents indicated that training for court work should form an integral part of the social work curriculum at a university. The following recommendations were made by respondents in respect of training for social workers: