MoJ consults on national standards for expert witnesses in family courts

The Ministry of Justice has launched a consultation on new national standards for expert witnesses in the family courts in England and Wales.

The MoJ said the standards would mean that evidence could only be given by “qualified, experienced and recognised professionals”.

It said: “For far too long there has been an increasing trend in England and Wales for expert witnesses to provide unnecessary and costly evidence – in the form of further written statements, clarifications and additional court appearances.

“This can cause major delays in child care cases and in the worst examples this has led to cases being forced to start again.”

The MoJ added that the “so-called experts who provide evidence which is simply not up to scratch will be driven out”.

The consultation is being led jointly by the Family Justice Council, which drafted the new standards.

The move follows the introduction of a more stringent test on the use of expert witnesses in family proceedings from 31 January this year.

The changes, brought in by a new Part 25 (Experts and Assessors) being substituted into the Family Procedure Rules, meant the test in Rule 25.1 for permission to put expert evidence before the court is whether it is “necessary” to assist the court to resolve the proceedings rather than whether it is “reasonably required”.

Family Justice Minister Lord McNally said: “Poor quality expert evidence can lead to unacceptable delays for children and their families.

“By putting standards in place we will ensure only the highest calibre of evidence is permitted in family proceedings. We want to ensure that evidence being put forward is more robust and that cases are resolved more quickly. It is an opportunity we cannot afford to miss.”

Dr Heather Payne, chair of the Family Justice Council’s experts working group, said: “The standards are designed to improve the quality, supply and use of expertise to improve outcomes for children in the family courts. They are intended to help experts and the courts alike, to ensure that they are delivering the relevant and high quality opinions based on the best possible evidence which the family courts need to help them make decisions. 

“They also seek to provide the courts and lawyers with clear guidance on how to ensure that expert evidence is sought from an expert of the appropriate discipline, with appropriate professional qualifications. The standards are a first step to promoting the more effective and intelligent use of expert evidence.”

The consultation will run until 18 July 2013. More information can be found here.

Research published in March 2012 by the University of Central Lancashire and part-funded by the Family Justice Council found that one in five psychologists instructed to act as expert witnesses in the family courts appeared to be inadequately qualified for the role on the basis of their submitted CVs.

The study also revealed that two thirds of the 126 expert reports reviewed were rated as below the expected standard.