Introduction

I’m going to say it from the off: Don’t get hung up on the names of these statements. If you’ve used Google to get to this page because you’re representing yourself and you need to write a statement and don’t know where to start it’s important to realise there’s no set way of writing them.

You’re probably not much impressed with these words.

You’re here because you need help. Not useless info that doesn’t answer your question. But. This post does answer your question so read on.

It’s all about nuance. It’s all about understanding what a statement has been written for, rather than it’s actual name. The law

The nuances between a position statement, a witness statement, and an updating statement is crucial when navigating the UK family court system. I’ll be blunt – the law doesn’t prescribe exact formats or contents for these documents. In the (almost) 2 decades I’ve worked in family law across England and Wales I’ve seen a huge number of statements from solicitors and litigants. The truth is – they all have their own `house’ styles. The layout can vary a little, as can the wording and other features.

The important bit is what the statements are there for. What are the writers of them hoping to achieve with them?

Let’s go into details, starting with the first of the statements I mention at the head of this post – position statements.

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Position statement

A position statement is your chance to outline your perspective and objectives for a specific court hearing.

Think of it as your “elevator pitch” to the court. It’s concise, clear, and tells the court what they need to know without overwhelming them with unnecessary detail. These statements are typically used in review or directions hearings to address particular issues or updates in the case.

Purpose of a position statement

The primary purpose of a position statement is to provide the court with an overview of your case or your position on the issues being considered. This could include:

• Summarising the key issues of the case.
• Highlighting any concerns you want the court to address.
• Stating what you want the court to decide (e.g., a specific order or resolution).

By preparing a position statement, you ensure the court understands your stance before the hearing even begins, which can be especially helpful if time during the hearing is limited.

Key features

• Brevity: Aim for no more than two pages. Judges often have limited time to review documents, so a concise statement ensures your key points are considered.
• Structure: Organize your statement into clear sections:
  • Background: Provide a brief history relevant to the current hearing. It’s a brief background.
  • Concerns: Highlight specific issues that need addressing.
  • Order Sought: Clearly state the outcome you desire from the court. Make sure they’re reasonable and the court has the power to order them
• Plain English: Avoid legal jargon. The goal is clarity, not complexity. Refer to individuals by their roles (e.g., “Mother,” “Father”) or first names to maintain focus.

Best practices for position statements

1. Stay Relevant: Only include information pertinent to the upcoming hearing. Avoid recounting the entire history of the case unless it directly impacts the current issues. If something isn’t relevant to the Welfare Checklist, don’t include it!
2. State fact: Don’t say anything you’re not sure about.
3. Number the paragraphs: This makes your statement that much clearer.
4. Be Persuasive: Use factual language to support your position. Avoid emotional appeals or accusatory language.
5. Proofread: Spelling mistakes and bad grammar probably make much difference so don’t worry about that. But make sure what you’re saying is clear and as unambiguous as possible.
6. Provide Copies: Submit your position statement to the court and ensure all parties receive a copy before the hearing. Bring multiple printed copies to court as a backup. If you’re going to be before a judge, he/she will need a copy, as will the other party (it’s important to ensure they have one) and you’ll need at least one for yourself. If you’re seeing magistrates, take 3 copies for each of them.
7. Case details: The case number, the court, the names of the parties, and the name and date of birth of the children should be at the top of the first page.

A good position will ensure the court knows everything you need to know before you open your mouth (or if you don’t get enough time to explain things to your satisfaction). It’s especially useful if you’re a litigant in person: You can use it to enable you to be clear about the situation before you get into the court room and also as a script when you’re there.

Unless you’ve specifically been ordered to do so, don’t provide your statement to anyone until you get into court. Find an usher – they’ll be the harassed-looking staff members wearing black robes – and ask them to give a copy to the court before you go in. Most of the time they’ll happily do so. Sometimes they’ll tell you to give it to the reception desk or else take it in with you.

Almost all courts are more than happy to accept well-written and concise to statements: If you’re helping the court, it’s usually welcomed. Don’t pay too much heed if your ex partner’s solicitor tells you or the court that your statement should be ignored because `it hasn’t been ordered’. They may be right…but there is nothing in law that says you can’t submit a statement so don’t worry about that. On rare occasions, the legal advisor may refuse the statement in court too on these grounds too – but it’s rare.

Don’t be disheartened if this happens.

I’ve mentioned the advantages of having a statement even if you are the only one who sees it – and when you consider the fact that your statement will almost be accepted, it’s certainly worth doing.

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Witness statement

A witness statement serves as the testimony of an individual involved in the case. It provides a factual account of events or observations and is used as evidence in court. Unlike a position statement, which outlines your stance, a witness statement focuses on facts and personal experiences.

What Is a witness statement?

Witness statements are formal documents that detail what the witness has personally seen, heard, or experienced. They’re crucial in presenting evidence to the court and can significantly influence the outcome of a case.

Key features

1. Statement of Truth: Every witness statement must begin with a declaration such as:“I, [Name], of [Address], make this statement believing the contents to be true and knowing that it will be placed before the Court as evidence. I say as follows:”This declaration underscores the seriousness of the statement and reminds the witness of their obligation to be truthful.
2. Factual Content: Witness statements should focus on facts, not opinions. Include details about what the witness personally experienced, avoiding hearsay or speculation.
3. Signature and Date: The statement must be signed and dated by the witness, affirming their belief in its truthfulness.
4. Evidence can be attached: Don’t put too much in. If you genuinely have a lot the court needs to see, a bundle may be a better option (which strictly speaking is the procedurally correct way of doing things under Practice Direction 27A but often pointless at the early stages in a case).
5. Add case law: Don’t get hung up on this. Case law can help. But nowhere near as much as being seen to be whiter-than-white, child-focused and providing solutions instead of problems.

Drafting a strong witness statement

• Be Detailed: Include specific dates, times, and locations where relevant. Precision lends credibility.
• Use Plain Language: Avoid legalese and focus on clarity.
• Stay Objective: Stick to the facts without embellishment or bias.

Considerations for witness statements

If someone else has written a witness statement – which needs to follow the same guidelines I mention above, they need to be prepared to attend court and face cross-examination based on their statement. A statement provided without it’s author being available to answer questions in court can carry less weight than one where they are.

A badly-written statement or one whose contents is dubious can make your position more difficult too – so be careful!

Therefore, it’s essential to ensure the statement is accurate, truthful, and relevant to the case. Witnesses who provide misleading or false information risk undermining their credibility and harming the case.

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Updating statements

Updating statements are used to inform the court of developments or changes since the last hearing or submission of statements. This type of statement is particularly valuable in ongoing cases where new information could influence the court’s decisions.

These statements aren’t that common. Courts can order them. If you’re writing a position statement (with or without the court ordering it) they’re pretty much the same. But there are some differences…

When to use updating statements

Updating statements are appropriate when:

• Significant events have occurred since the previous hearing.
• New evidence or information has come to light.
• Circumstances have changed, such as a change in living arrangements or a new professional report.

Key features

• Recency: Focus on developments that have occurred since the last statement or hearing.
• Relevance: Only include updates that directly pertain to the issues before the court.
• Clarity: Present the information in a straightforward and organized manner.

Best Practices

• Avoid Repetition: Don’t restate information already provided unless necessary for context.
• Be Concise: Stick to the key updates without overloading the statement with unnecessary detail.
• Provide Evidence: Attach supporting documents where appropriate, ensuring they’re labeled and referenced clearly.

Updating statements `fill in the gaps’ between hearings. When they’re ordered it’s often because the court anticipates things to have happened since the last hearing – if nothing has happened there’d be no point in writing one.

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Commonalities across all statements

While each type of statement serves a unique purpose, there are some key similarities:

1. No Prescribed Format: The law doesn’t dictate how these statements should look or what they should include. However, following conventions can make them more effective.
2. Respectful Tone: Maintain professionalism and objectivity. Avoid emotional language, personal attacks, or inflammatory statements.
3. Clarity and Brevity: Judges appreciate documents that are easy to read and straight to the point.
4. Accuracy: Ensure all information is truthful and verifiable.

Like I mention above…don’t get hung up on the name of these statements. I’ve heard some strange names for statements over the years and what they do is far more important that what the court is calling them!

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How to attach evidence

When attaching evidence to a witness statement, it’s crucial to reference it clearly within the text. For example, you might write:

“See attached document marked Exhibit A.”

Ensure all evidence is labeled consistently and presented in an organised manner. Remember, any evidence attached to a witness statement must be accompanied by a Statement of Truth. Without one the worst case scenario is the court rejecting it and/or the other party making a lot of noise about how it can’t be trusted because it’s missing one. It’s nit-picking to do this. But if you can avoid this situation, you absolutely should.

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Tips for crafting effective statements

1. Plan Ahead: Start drafting your statements well before the hearing to allow time for revisions.
2. Seek Feedback: Have someone review your statements to ensure they’re clear and persuasive.
3. Use Templates: While there’s no prescribed format, using a template can help ensure you include all necessary elements.
4. Focus on the Audience: Remember, the judge is your primary audience. Tailor your statements to their needs and priorities.
5. Stay Calm and Objective: It’s easy to let emotions influence your writing, but staying composed will make your statements more effective.
6. Don’t add implicit info: You need need to say you’re acting in the best interests of your child, explicitly state how something relates to the Welfare Checklist, etc. Doing so just takes up valuable real estate on your statement that the court already knows.

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Conclusion

I’ll say it again: Don’t get hung on up on the name of the statement when you’re writing witness, position and updating statements.

The important bits are:

• Details of the case so the court knows who and what matter it is dealing with.
• What the background of the case are, what the problems are and what you want doing about it.
• A statement of truth if you’re submissing evidence (not usually needed in position or updating statements unless you want to evidence).

You don’t want to be arguing over your statement either. A bad statement can do more harm than good – such as when the judge takes issue with it’s contents or you’re being cross-examined by a hostile barrister in an attempt to discredit you. So only put things in that are a) true b) the other party can’t use to attempt to discredit your case.

A good statement is worth it’s weight in gold: A bad one…you’re better off without one.

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