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Writing statements
7.1 Introduction
Welcome to this training module on writing court statements. Often in your volunteering clients will ask you for support in writing, or re-writing, their statement which is to be submitted to court as part of their proceedings.
Learning outcomes
This module will explain how to interview clients to obtain the necessary information and turn this into a written court statement.
In this module you will learn about:
- What court statements are
- What you can and can’t do in supporting clients to write statements
- Getting information from the client for their statement
- How to write and format a court statement.
This module is one of a number of training modules to help Support Through Court volunteers when supporting clients. The modules all use the same case study to explore the different aspects of supporting clients effectively. We will be referring to this example as we work though this module, so it may be helpful to remind yourself of the facts now. You may want to open this case study in a separate window (use Ctrl + click on the link) so you can refer back to it when needed. Find out more about the fictitious Johnson/Smith family and their situation
During the module you may come across terminology which is unfamiliar to you. Some words are hyperlinked to the Glossary, so by hovering over the word you will be able to see its definition.
Please note
This module deals with some sensitive issues including descriptions of domestic abuse. These training modules are not compulsory, but they are recommended. If you do not feel comfortable to start the module, or if you are affected by the material, or feel you are unable to undergo the training, then Support Through Court can help you. Please speak to your Service Manager when you are next in the office.
If you need immediate support over the phone you can call:
National Domestic Violence Helpline – 0808 200 247
Give your opinion
How would you rate your understanding of writing statements right now, before you start this module? Submit your answer.
7.2 What are statements?
There are different kinds of statements which need to be filed at court (i.e. submitted to the court) as part of court proceedings. Whatever their name, they are all designed to allow someone to provide different information to the court in a format that is compatible with the law and procedural rules.
Where a court orders a party to file and
Activity 1
In your volunteering, what different types of statements have clients asked you to help them with?
Comment
There are many different types of statements, so your answer will vary from other volunteers. The most common types of statements will be discussed below. If you have identified a different type of statement, you can ask your Service Manager or look online to see what the statement is designed to achieve.
All statements allow the party to explain to the court what their side of the story is and what outcome they want from the proceedings. Statements that clients commonly ask for help with are:
- Witness statements (explaining what the client saw and heard relevant to the proceedings; this often includes what the client’s desired outcome is and why)
- Position Statements (explaining what the client’s desired outcome is and what they agree / disagree with regarding the factual matters in dispute)
- Statements in response to a report (e.g. a report from Cafcass) or other party’s statement.
- Statement in support or defending a Money Claim.
- Statement to suspend a warrant of eviction.
- Scott schedules and summaries (for example, on a Child Arrangements application) to set out clearly the facts which are in dispute
- Formulating questions for cross examination.
The statements used as examples in this module are relevant to Family cases. There are differences between these and Civil cases. There are some resources linked to later in the module you might like to refer to for specific guidance on writing statements in Civil matters or you can ask your Service Manager for guidance.
7.3 What can you do and not do to support a client with their statement?
Support Through Court volunteers often are asked to help a client draft their witness statement, so it important to understand what you can and cannot do in relation to this. The responsibility for the witness statement and its content is with the client, so the statement must contain what the client wants to tell the court. The volunteer should not suggest specific details of what should (or should not) be in the statement.
Your role is to explain what the statement is, what general types of information the court wants to be included in the statement, to offer support in how the statement is set out and – sometimes - to offer help in typing or writing the statement (if needed).
Activity 2
Below is a list of things a volunteer can and cannot do when offering support with drafting a witness statement. Please use the green highlighter for things you can do or and red for the things you cannot do.
How to use the highlighter
Click on the colour you want to use and then drag your cursor over the text you want to highlight. The return arrow icon erases the single last highlighting you did. If you want to clear all of your highlighting use the Reset button. When you have completed all of your highlighting click on the Save button. To check your answers click on Reveal answer.
In terms of what a volunteer can do, the following additional information may be helpful:
- Empower clients by giving them choice. For example, by asking if they want to write their own statement with some guidance from the volunteer and then we can type it for them if they are unable to do it for themselves.
- Help calm the situation and language. For example: the client may be being asked to respond to allegations. The temptation may be to become defensive and focus on the author of the statement’s behaviour and not the issues.
- Help clarify what is most relevant to say in what order. For example, a judge may direct a client to answer specific points.
- Help with presenting information clearly. For example, explain that statements need to be set out in a prescribed format of numbered paragraphs.
- Help with typing. It is preferable for clients to type documents for themselves, so they own the wording and the activity. Many clients are very slow, however, and may struggle with English, so it may be impractical for them to do so. If you do type for the client, you must be careful not to dictate the language and always to encourage the client to tell you what to say. If you adjust for better English, stay as close as you can to the client’s words while writing something that can be understood by whoever will read the statement.
In terms of what a volunteer cannot do, the following additional information may be helpful. Volunteers should not:
- Give legal advice. This is a
regulated activity only to be provided by trained and qualified professionals. For example, we should not tell a client what they should or should not include in their statement. We can explain the procedures; for example, you could explain that a position statement is to explain to the court what you are asking the court to do and the reasons for the application. - Give personal email addresses for sending draft statements to the client. We don’t work on behalf of clients without them being present and we don’t share personal e-mail addresses for security reasons.
- Keep copies of client’s statements on office computers. We don’t manage cases on an ongoing basis; clients must take responsibility for their own documents; and we mustn’t risk anyone else reading a client’s paperwork.
- Send statements to the court or other party on their behalf. Clients must manage their actions for themselves; we particularly don’t act on a client’s behalf without them present, as there could be problems if they later claimed we hadn’t done what they wanted.
Activity 3
Do you think a volunteer can do the following to help a client in writing their statement?
a.
Yes
b.
No
The correct answer is a.
Answer
The answer is yes; this is helping them to present their information clearly
a.
Yes
b.
No
The correct answer is a.
Answer
The answer is yes; this is help clarifying what is most relevant to say and the correct format to do it in
a.
Yes
b.
No
The correct answer is b.
Answer
The answer is no; this is legal advice as you are suggesting what should specifically be in the statement. This is beyond the remit of Support Through Court.
a.
Yes
b.
No
The correct answer is a.
Answer
The answer is yes; You are not offering legal advice but signposting the client to other places which may be able to offer that legal advice. For further information on signposting, please go to the Signposting module.
a.
Yes
b.
No
The correct answer is b.
Answer
The answer is no; this is legal advice as you are suggesting what should specifically be in the statement. This is beyond the remit of Support Through Court.
7.4 Getting information from clients
In order to assist a client with drafting their witness statement, you will need to ask the client about the issues and what they want from the proceedings. It is therefore important to use good listening and questioning techniques.
Clients will often want to tell you the whole story and it can be confusing for them to understand what the court is asking them to do. Here are some useful tips to help you get the right information from the client which they can then put in their witness statement.
Tip 1
When you are asked to support a client with a witness statement, start by referring to the court order that is asking for the statement, or ask the client about other guidance they may have been given by the court. This will help you to establish what the court wants from the statement. You may also be able to look at Support Through Court guidance on different types of orders (for example, non-molestation order procedures). This will provide a context for your questions.
Tip 2
When you begin discussing the case with the client, start by asking an open question. An open question is one where the client has to answer by using more than one word and has a wide choice of different responses. This contrasts with a closed question, where the answer can typically be answered by one word such as ‘yes’ or no’. Useful questions to ask start with ‘Tell me’, ‘Explain’, ‘Describe’. You can remember these by using the acronym ‘TED’.
For example, in a case involving a dispute over where a child should live, a closed question would be ‘would you like your child to live with you?’. An open question would be ‘Describe what you would like the arrangements to be for your son/daughter?’, ‘Explain to me what arrangement you want for your son/daughter?’ or ‘Tell me what arrangement you would like for your son/daughter?’
Activity 4
What do you think are the advantages of asking an open question?
Comment
With an open question the client has to explain what they want the outcome to be, and this may be more complex than a simple yes/no or binary choice. For example, in the scenario above the client may want a shared care outcome. A closed question may be making assumptions about what the client wants, and it usually narrows down their options.
Tip 3
Actively listen to the client and make some brief notes. Active listening involves being totally focused on the speaker and showing that you understand and are interested in the account, by verbal and non-verbal cues such as your body language, eye contact and verbal encouragements such as ‘Mmmm’ or ‘yes’.
Did you know?
If you would like further information about active listening go to SkillsYouNeed.
Tip 4
Summarise what the client has said to make sure you have understood correctly. This will often trigger further thoughts from the client, as they feel they’ve been heard and can move on to the next point.
Tip 5
Ask further questions to clarify any points; this is likely to involve a mixture of open and closed questions.
Tip 6
Narrow the context of the question if the client is wandering off. Do this by acknowledging what the client has said and then reframing the question. For example, “I understand that it must feel very unfair that you’ve not seen your daughter for a long time. The court would like to know what arrangements you would like it to make for your daughter.”
Clients will respond to questions in different ways; they may want to tell you everything about their lives or may be very short in their responses and appear reluctant to share information with you. It may help for you to consider what may be making the client respond in that way. Is the response as a result of trauma?
For example, a client involved in domestic abuse may be reluctant to talk about it because it brings back feelings of the incident. In this case, responding in a trauma informed way can help make the client feel more comfortable and secure and therefore more willing to share information with you. You can find out more about the
7.5 Writing a court statement; the heading
A court statement is in a specific format and starts with a heading which sets out which court the case is to be heard in, the court case number, who is making the statement and the parties to the proceedings.
Turning to our case study involving the Smith / Johnson family, you may recall that Jazmin Johnson and Steve Smith have separated and are now involved in court proceedings regarding where their child (Chloe) will live. Find out more about the Johnson/Smith family and their situation.
Steve comes in to see you after the First Hearing and Dispute Resolution Appointment. The Judge has asked him to submit a position statement of no more than 2 sides stating what the previous arrangements for Chloe were, what he would like the court to do and his response to Jazmin’s allegations.
Jazmin has told the court that she is the victim of domestic abuse perpetrated by Steve. She also says that Steve has not seen Chloe since she moved out of the family home as she is frightened that he will find out where she lives or be violent towards her again. Steve has already submitted a letter to the court which the Judge has criticised and ordered him to resubmit.
Activity 5
Steve tells you that, ideally, he wants Chloe to stay overnight with him three nights a week when he is not at work. He says that Chloe has lived with him since she was born until Jazmin moved out three months ago. He hasn’t seen Chloe since then. He works as a security guard on shifts working four nights on and three nights off. He wants Chloe to stay with him when he is not working. He completely denies any domestic abuse.
You ask for further details and Steve tells you that Chloe was born on 12/02/2016 and Jaden was born on 12/05/2012. He says that Chloe is now four years old and Jaden is seven years old.
Activity 6
The opening paragraph to the statement sets the scene and usually includes who the client is and why they are making the statement. How would you write the opening paragraph to Steve’s statement?
Comment
The opening paragraph would need to say that Steve is making the statement as the respondent to the proceedings. It would need to confirm that he is the father of Chloe and stepfather of Jaden. It would need to confirm that Jazmin is the applicant and mother to both children.
The start of the statement would therefore look like this:
Statement of the Respondent: Steve Smith | ||
| Statement no: 1 | ||
| Case Number MAxxxxxxx | ||
| Dated: xxth xxxxxx xxxx | ||
| IN THE xxxxxxxxxx FAMILY COURT | ||
| BETWEEN | ||
| Jazmin Johnson | Applicant | |
| and | ||
| Steve Smith | Respondent | |
FIRST STATEMENT OF THE RESPONDENT | ||
| I, Steve Smith of 4 Grove Road, Sandford, SS12 1YP make this statement to set out my position with regards to the application for a child arrangements order in respect of my daughter Chloe Smith (Date of birth 12/02/XXX) . The applicant, Jazmin Johnson, is my ex-partner and is Chloe mother. | ||
7.6 Writing a court statement; the body of the statement
Once you have drafted the heading and opening paragraph of the statement, you then need to order the statement in numbered paragraphs. Each paragraph should usually be 3 to 4 sentences long and deal with one point or issue at a time. In many statements it is helpful to tell the story consecutively, starting at the beginning and working forward to the current time. The client can then explain at the end what he or she wants to happen and why.
It is important to help the client tell the story as concisely as possible and to make sure all the information is relevant to the court application. It is also helpful to be as precise and detailed as possible, for example with dates, times and locations.
The statement should be in the client’s own words so you should not paraphrase or re-write what the client tells you. It should be written in the first person, as the statement is coming from the client. You should not use jargon.
Did you know?
Often a client will seek help from Support Through Court because they have submitted a statement to the court which is not in the correct format. The court will ask them to re-write the statement with the help of a volunteer from Support Through Court.
Activity 7
Here is an example of Steve’s letter which he submitted to court in the child arrangements proceedings involving his daughter Chloe. Please read it and then answer the questions below.
Dear Judge,
I haven’t seen my daughter since their mother took her away from me. She is a party girl and uses coke and is mentally unstable which is why she is making up all this rubbish about me. It is completely untrue, and I have lots of evidence that shows she is lying, and her friends will tell you even that she is drinking all the time around the kids and using coke. I’ve got pictures from her Snapchat. She is saying I have hit her which is made up and the police are going to nfa it anyway. The injury was caused by her dealer who hit her because she owes him money. The neighbour who called the police doesn’t like me. I want the court to stop her from using Chloe as a weapon to get me to pay for her party lifestyle and to make her let me see her like I used to. If I was really that violent, she wouldn’t have let me see her before now. It is her that needs to be stopped from seeing Chloe as she uses coke all the time. The CSA are after me now and they say that Chloe doesn’t stay at mine, so I have to pay more and that is only because of her lies.
Thank you
Steven Smith
What is wrong with the statement above?
Comment
The statement is not in a court format – i.e. numbered short paragraphs. It is confusing as it is not sequential and jumps between different events and timelines. It contains some irrelevant information, for example about the finances. It is also not immediately clear what the client wants the court to do.
Turning again to the Johnson/Smith family, you may recall that Steve has told you the following information:
Steve tells you that, ideally, he wants Chloe to stay overnight with him three nights a week, as this is what happened before. He says that he is Chloe’s father. Chloe has lived with him since she was born four years ago until they separated three months ago when Jazmin moved out.
He works as a security guard on shifts working four nights on and three nights off. He wants Chloe to stay at his house on the three nights a week he is not working. He has not seen Chloe since Jazmin moved out of the family home. He doesn’t know why Jazmin stopped him seeing the children. Chloe has her own bedroom at his house.
He denies being violent to Jazmin. He says that Jazmin uses drugs and drinks around the children and any injuries to her were caused by her drug dealer.
Activity 8
How would you write this information in the main body of a court statement?
Comment
Your statement could look something like this.
Statement of the Respondent: Steve Smith | ||
| Statement no: 1 | ||
| Case Number MAxxxxxxx | ||
| Dated: xxth xxxxxx xxxx | ||
| IN THE xxxxxxxxxx FAMILY COURT | ||
| BETWEEN | ||
| Jazmin Johnson | Applicant | |
| and | ||
| Steve Smith | Respondent | |
FIRST STATEMENT OF THE RESPONDENT | ||
I, Steve Smith of 4 Grove Road, Sandford, SS12 1YP make this statement to set out my position with regards to the application for a child arrangements order in respect of my daughter Chloe Smith (Date of birth 12/02/2016). The applicant, Jazmin Johnson, is my ex-partner and is Chloe mother.
| ||
7.7 Writing a court statement – exhibits
Sometimes the client wants to give the court a document which is relevant to or supports their case. This is done by attaching the document to the end of the statement. The documents are numbered sequentially using the client’s initials and a number.
So, if Adam Brown had four documents he wanted to bring to the court’s attention, they would be numbered AB1, AB2, AB3 and AB4. This number should be written on the top of each
The client then needs to introduce the exhibit by explaining what it is and why it is relevant in the statement. They do this with the following words: “I attach to the end of my statement exhibit AB1”.
Activity 9
Thinking about Steve Smith’s case, Steve tells you that Chloe wants to see him and to stay over at his house. He has brought with him a birthday card he has received from Jaden last month which says that both Jaden and Chloe hope to see Steve again soon. He wants to give this to the court to support his case.
It would be unusual to include exhibits in position statements. Exhibits would usually be referred to in witness statements. The timing of submission of witness statements will be directed by the court. If you are unsure, please ask advice from your Service Manager.
However, for the purpose of this activity, assume that you want to include this card in the position statement. How would you do this?
Comment
Your paragraph should read something like this:
8. Chloe wants to see me and stay at my house. Jaden sent me a birthday card last month saying Chloe and he hoped to see me soon. I attach this to the end of my statement marked SS1.
7.8 Writing a court statement – the ending
The final paragraph of every statement will be the
I believe the facts stated in this statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.
The statement then needs to be signed and dated by the client.
Steve Smith’s final statement will therefore look like this:
Statement of the Respondent: Steve Smith | ||
| Statement no: 1 | ||
| Case Number MAxxxxxxx | ||
| Dated: xxth xxxxxxx xxxx | ||
| IN THE xxxxxxxxxx FAMILY COURT | ||
| BETWEEN | ||
| Jazmin Johnson | Applicant | |
| and | ||
| Steve Smith | Respondent | |
FIRST STATEMENT OF THE RESPONDENT | ||
I, Steve Smith of 4 Grove Road, Sandford, SS12 1YP make this statement to set out my position with regards to the application for a child arrangements order in respect of my daughter Chloe Smith (Date of birth 12/02/2016). The applicant, Jazmin Johnson, is my ex-partner and is Chloe mother. Jazmin and I were in a relationship and lived together for five years until three months ago. We all lived in my home. Jaden (Chloe’s son from her previous relationship) lived with us from the start of our relationship and Chloe was born four years ago. We separated three months ago when Jazmin moved out of our home. She took Chloe and Jaden with her. I have not seen Chloe since then. I do not know why Jazmin stopped the children coming to my house three months ago. I have never been violent to Jazmin. Any injuries she has was caused by her drug dealer as she owes him money. I am concerned that Jazmin is using drugs and drinking alcohol around Chloe. I work as a security guard, working 12-hour night shifts, four nights on and three nights off. I would like Chloe to stay at my house for the three nights I am not at work. She has her own bedroom at my house. I would like the court to make an order for me to look after Chloe on my days off and for her to sleep over at my house three nights a week when I am not at work. Chloe lived with me in my house until three months ago and I would like this to continue. Chloe wants to see me and stay at my house. Jaden sent me a birthday card last month saying Chloe and he hoped to see me soon. I attach this to the end of my statement marked SS1. | ||
I believe the facts stated in this statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth. | ||
| Signed ________________________________________ | ||
| Dated __________________ | ||
Do you know?
To find out more about writing statements, you can look at the following resources:
7.9 Examples of poor court statements
Activity 10
Here are some examples of court statements. For each one, please identify what is wrong with the statement and how it could be improved.
Give your opinion
How would you rate your understanding of writing statements after completing this module? Submit your answer.
7.10 Your volunteering and writing statements
This module has explained how to interview clients to obtain the necessary information and help turn this into a written court statement.
In this module you have learned about:
- What court statements are
- What you can and can’t do in supporting clients to write statements
- Getting information from the client for their statement
- How to write and format a court statement.
When helping clients to write their statements, please remember:
- Don’t give legal advice
- Focus on what the court is asking the client to do.
- Ask open questions
- Use the client’s own words wherever possible
- Use numbered paragraphs.
Support Through Court have a suite of training modules which you can complete so please do take a look at the other modules available. You can study these in any order. They include:
- Special measures
- Working with Cafcass
- Interviewing clients
- Writing statements
- Signposting clients to other organisations
- Working with vulnerable people
The domestic abuse modules are designed to be studied in order, from the first working to the third. These modules are:
- Introducing domestic abuse
- Supporting survivors of domestic abuse
- Supporting clients who are accused of perpetrating domestic abuse
Give your opinion
Well done, you have completed this module.
How much will it help you with writing statements in your volunteering? Submit your answer.
7.11 Quiz
This self-assessment quiz contains 5 questions and is a great way to check your understanding of what you have learned in this module on Writing statements.
The pass mark is 60% and you have unlimited attempts at the quiz. This self-assessment quiz does not count towards your digital badge.
Go to the Writing statements quiz now.
Acknowledgements
Grateful acknowledgement is made to the following sources:
Every effort has been made to contact copyright holders. If any have been inadvertently overlooked the publishers will be pleased to make the necessary arrangements at the first opportunity.
Important: *** against any of the acknowledgements below means that the wording has been dictated by the rights holder/publisher, and cannot be changed.
267789: 7.2 statements: shippee / iStock / Getty Images Plus
274843: 7.3 supporting client statement: Steve Topson
267947: 7.6 typing on laptop: marctran / 123RF
268025: 7.7 court statements exhibits illustration: elvetica / 123RF
268046: 7.8 statement of truth: Adapted from The Insolvency (Amendment) Rules 2010, Available online at: http://www.legislation.gov.uk/uksi/2010/686/schedule/1/paragraph/526/made. Reproduced under the terms of the OGL, www.nationalarchives.gov.uk/doc/open-government-licence