Lack of court social workers will have catastrophic impact
This is the full text of a postscript to a judgment written by Assistant Justice Alexandra Wheatley concerning the need for more court-approved social workers.
This case clearly shows the urgent need for greater investment in Bermuda’s court system and the Department of Child and Family Services.
The evidence given by the court-appointed social worker (CASW) was troubling, particularly the repeated excuse that “there are only two of us”.
Courts already face enormous challenges in child cases, where a child’s welfare must be the top priority.
In domestic violence cases, extra care is essential to protect vulnerable children.
In such cases, statements like “I may have missed that” or “I may have overlooked that” are simply unacceptable.
At the heart of this issue is the principle of natural justice, which ensures fairness in decision making. It rests on two key rules: the right to be heard (audi alteram partem) and the right to an unbiased decision-maker (nemo judex in causa sua).
These principles guarantee that people affected by decisions can share their side of the story and that those making decisions act impartially.
Modern legal systems embed these principles to protect rights and ensure transparency.
Natural justice is especially critical for vulnerable groups such as children, people with disabilities, the elderly, and those facing poverty or discrimination.
Without proper safeguards, these individuals risk unfair treatment or exclusion from decisions that affect them.
By requiring clear procedures and giving everyone a voice, natural justice helps correct power imbalances.
When government agencies or institutions make decisions about child protection, immigration or welfare, natural justice demands notice, explanation and a real chance to respond. This is vital for people who may lack legal representation or understanding of the system.
Building these protections into public services demonstrates a commitment to fairness, dignity and respect.
Applying natural justice also builds public trust. Professionals such as CASWs, teachers and law enforcement officers play a key role by treating people fairly and listening without bias.
Doing so protects those at risk and prevents further trauma for those who have already suffered hardship. In domestic violence cases (especially those involving young children), natural justice is essential.
Family court decisions about custody and safety must be fair, sensitive, and informed.
Survivors need to feel safe to speak and courts must create that space through measures like closed hearings or other protective steps.
Power imbalances and fear of retaliation often silence victims, so courts must actively remove those barriers.
In Bermuda, natural justice means ensuring that people have the right to be heard and to have decisions made by someone impartial.
These rights are particularly important in cases involving domestic violence, where parents and children may face serious risks and emotional trauma.
Judges must remain free of bias or assumptions, especially when a parent accused of abuse seeks contact with a child.
While shared parenting can work in some families, it can be harmful where abuse or coercion is present.
Natural justice requires careful consideration of all facts to make decisions that truly protect children and survivors. The court process itself must be clear, respectful, and focused on safety. Protective orders and supervised access should be handled with care.
When natural justice is applied with an understanding of trauma and vulnerability, the legal system becomes not just a place of rules, but a place of protection, dignity and justice.
For parents and children who have experienced violence, court can be frightening and confusing. Natural justice requires that their voices are heard fully and safely, and that courts listen with care and without bias.
Laws alone are not enough; we need resources. Judges and magistrates must have time, training, and support to understand family violence and make protective decisions.
Courtrooms must be equipped to ensure safety and dignity for survivors.
CASWs also play a critical role. In Bermuda, they assess risk, speak for children, and support families through the legal process. But they can only do this effectively if they are properly trained, treated fairly, and given time to build trust.
When CASWs understand domestic violence, act without bias and listen carefully, the system becomes safer and more just. If they are overworked or poorly trained, the system fails the very people it is meant to protect.
This case highlights the consequences of having only two CASWs responsible for all social inquiry reports for both the Magistrates’ Court and the Supreme Court.
Bermuda is one of the most affluent countries in the world yet lacks critical resources to protect its most vulnerable.
Without immediate funding to hire more CASWs and provide ongoing training, the impact will be catastrophic.
Bermuda must invest in strong support systems for courts and those who work alongside them.
This includes hiring enough CASWs, offering proper domestic violence training and ensuring courts have the tools to make thoughtful, protective decisions.
Providing these resources shows that Bermuda values fairness, safety and human dignity.
For families in crisis, that investment can make all the difference.
