header-logo header-logo

06 August 2009 / Finola Moss
Issue: 7381 / Categories: Features , Family
printer mail-detail

Dangerous consensus?

What happens when expert evidence is unreliable? Finola Moss reports

Such is the Law Commission’s concern about the reliability of expert evidence in criminal proceedings it has proposed that an expert’s trustworthiness be formally proved.

Professor Jeremy Hodder, leading the consultation, warns: “Expert evidence, particularly scientific evidence, can have a very persuasive effect on juries. It is vital that such evidence should only be used if it provides a sound basis for determining a defendant’s guilt or innocence.”

The effect of such evidence on courts deciding the welfare of children and their permanent removal from their families is not considered.
In 2004 Margaret Hodge, the then children’s minister, instructed councils to review all final care orders that depended “exclusively, or almost exclusively, on a serious disagreement between medical experts about the cause of harm”.

It is difficult to envisage how any expert evidence could satisfy this definition, within the quasi-inquisitorial regime of care proceedings, where consensus is coerced by the need for joint instruction and agreement of expert evidence.

The child’s guardian normally endorses the

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Haynes Boone—Louise Woods

Haynes Boone—Louise Woods

Haynes Boone expands global capabilities with addition of Louise Woods as chair of international disputes

DWF—John Gilfedder

DWF—John Gilfedder

DWF strengthens Global Risks practice with strategic hire of aviation partner in London

Shakespeare Martineau—10 newly qualified solicitors

Shakespeare Martineau—10 newly qualified solicitors

Shakespeare Martineau appoints newly qualified solicitors

NEWS
A divorced woman has secured funding to participate in her former husband’s inquest after the Legal Aid Agency reconsidered repeated refusals
When does a solicitor’s retainer become a contentious business agreement? The Court of Appeal’s decision in Broadfield Law UK LLP v Barnes shows that listing hourly rates alone will not do, leaving firms and clients uncertain about their rights over bills
MPs cannot simply resign their Commons seats. Instead, they take a nominal Crown office, usually the Chiltern Hundreds or Manor of Northstead, which disqualifies them from sitting
The Thirlwall Inquiry has exposed a ‘complete failure’ to protect babies at the Countess of Chester Hospital, but its recommendations must now be put into practice
More than 500 former rugby players can pursue brain injury claims despite serious failures to disclose documents ordered by the High Court
back-to-top-scroll