header-logo header-logo

Too few medical experts in family courts

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

NLJ Career Profile: Bridget Tatham, Forum of Insurance Lawyers

NLJ Career Profile: Bridget Tatham, Forum of Insurance Lawyers

Bridget Tatham, partner at Browne Jacobson and 2026 president of the Forum of Insurance Lawyers, highlights the importance of hard work, ambition and seizing opportunities

Gibson Dunn—London partner promotions

Gibson Dunn—London partner promotions

Firm grows international bench with expanded UK partner class

Shakespeare Martineau—six appointments

Shakespeare Martineau—six appointments

Firm makes major statement in the capital with strategic growth at The Shard

NEWS
One in five in-house lawyers suffer ‘high’ or ‘severe’ work-related stress, according to a report by global legal body, the Association of Corporate Counsel (ACC)
The Legal Ombudsman’s (LeO’s) plea for a budget increase has been rejected by the Law Society and accepted only ‘with reluctance’ by conveyancers
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
back-to-top-scroll