header-logo header-logo

03 December 2019
Issue: 7867 / Categories: Legal News , Expert Witness , Family
printer mail-detail

Too few medical experts in family courts

The shortage of medical expert witness in the family courts is creating delays ‘likely in some cases to be harmful to children’, a working group has found

More than 700 professionals responding to the group’s survey confirmed there are shortages of experts around the country and in a wide range of specialisms. Delays arising as a result are harmful, ‘in particular, in relation to children under the age of three, where delay may have a direct detrimental impact on the success of future placement’.

The group, led by Sir Andrew McFarlane, President of the Family Division, makes 22 recommendations for change in its draft report, published last week. A consultation will now take place, before a final report is issued in the spring.

The group recommends a review of legal aid rates and processes, more sensitive treatment of experts by judges, training programmes for legal and medical professionals on expert witness issues and ‘a vehicle for feedback from the legal profession’, particularly judges, to experts. Solicitors instructing experts should also ensure the paperwork is kept to a minimum and guarantee that their appearances in court are fixed and not susceptible to last-minute change, and that video link be used where appropriate. Judges should be encouraged to explain the purpose of any cross examination of the expert and, if the judge criticises the expert, they should first question the effect their criticism will have on the expert.

In his foreword, Sir Andrew said health professionals played an important role in assisting the court to make essential decisions on child welfare and the rights of carers. 

‘Both health and legal professions have long shared concerns regarding the relative scarcity of medical expert witnesses willing to participate in family cases involving children.’

Experts gave various reasons for not wishing to take on more work, including perceived ‘unnecessarily critical judgments’ and judges needing to do more to ensure lawyers do not ‘barrack’ or interrupt the witness during cross-examination. Other reasons given were low fees, particularly for legal aid work, confusing instructions from solicitors, a lack of appreciation of timescale pressures and a lack of training and support.  

Issue: 7867 / Categories: Legal News , Expert Witness , Family
printer mail-details

MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
back-to-top-scroll