Concerns raised about pilot scheme for expert evidence in the Family Courts

The Law Society Gazette has raised concerns about a pilot project, funded by the Department of Education, and running in NHS Trusts in Manchester, Sheffield, and Birmingham.

According to an advert for the scheme’s Quality and Governance Manager:

“The Suspected Inflicted Head Injury Service (SIHIS) is being piloted at Royal Manchester Children’s Hospital. It aims to trial a new approach for the hospital providing information to the Family Court where there is a Child Protection Order owing to suspected inflicted head injuries. As part of the service, a range of highly expert consultants from a range of specialties undertake assessments of children, discuss findings with one another, and write a formal report for the Family Court.”

Little detail is known about the project, but senior family lawyers are concerned that it will reduce the cases going forward to trial and curb the cross-examination of experts.

This project raises questions for The Expert Witness Institute too.

Chief Executive Officer, Simon Berney-Edwards, said:

“From the way this is described, I would question whether the report that is created by the multi-disciplinary team would be complaint with both the duties of an Expert Witness and the Family Procedure Rules and Practice Directions. Reports are supposed to be the independent product of the Expert Witness. In addition, cases such as Pinkus v Directline that experts should not be discussing their opinion with others. I would therefore question whether any report created by a  multi-disciplinary team could be accepted as expert evidence.”

The Gazette reports that lawyers have been excluded from discussions and information regarding the project. They have contacted the Department or Education for comment.

Meanwhile, we have contacted the Family Division’s Expert Witness working groups to see if they have been included in discussions and to find out their views.