Child experts must meet minimum standards but less experienced experts should not be excluded
New national standards for expert witnesses in children cases must not prevent first-time experts giving evidence, Resolution has said.
The standards, drawn up by the Family Justice Council, will be implemented in April. They include ensuring the expert has appropriate knowledge, is regulated or accredited to a registered body, has received “appropriate training”, has been active in the area of work, and seeks feedback after the case is finished. They are designed to improve the quality of evidence and reduce delays in the courts.
A Resolution spokesperson said the organisation “agrees that experts involved in all family proceedings should meet minimum standards” but that “such standards should not preclude less experienced and ‘new’ experts providing evidence and the bodies regulating experts should ensure that suitable training is provided for new experts.
“Solicitors should comply with their own standards relating to choice and instruction of experts but there should be no undue burden on solicitors, for example imposed by the Legal Aid Agency, to verify that an expert meets the standards.”
Mark Solon, managing director of expert witness training group Bond Solon Training, says the new requirement to seek feedback from the instructing solicitor is “pie in the sky”.
“Unless the solicitor is being paid to give feedback, he is unlikely to do so,” he says. “It is impossible for the judge to give feedback as it might provide grounds for an appeal.”
Solon also notes that “appropriate training”—a requirement under the new standards—is not adequately defined.
Unnecessary commissioning of additional written statements, clarifications and court appearances by expert witnesses is a major cause of delay in the family courts, according to the Ministry of Justice, which introduced rule changes in January to restrict the use of experts to when “necessary” to resolve the case.
