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

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll