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Lessons from Gard: time for assessors?

15 September 2017 / David Burrows
Issue: 7761 / Categories: Opinion , Family
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Are the courts the best place to resolve complex inquiries? David Burrows asks if there is a role for independent assessors

Are the courts the best place to resolve complex inquiries? The case of Charlie Gard (Re Gard (A Child) [2017] EWHC 1909 (Fam), [2017] All ER (D) 148 (Jul) (Francis J)—the child who had severe brain damage and could not see or hear or breathe unaided because of a mitochondrial condition—calls for pause for procedural thought. It gives rise to questions of how can cases of complex inquiry best be handled by family courts in a way which parties feel is as fair as possible. Is a judge always the appropriate person to resolve these types of question; or are there others who could help? (Nothing here is intended to take away from Francis J all deep respect for the dignity and care with which he decided the case.)

Where specialist information (‘expert evidence’: (say) medical, engineering, scientific) is needed by the court, parties ask for permission to adduce such evidence as
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