Mr Justice Ryder's report into the modernisation of family justice was published on 31 July and contains a series of proposals to improve the workings of Family Courts. His recommendations have been endorsed by the Lord Chief Justice and are intended to change the culture of the family courts for children and families themselves, and for judges, lawyers, social workers, Cafcass and social workers.
They include proposals to manage cases closely, identifying the key issues and making sure timetables are followed. A single Family Court will unify the various courts from magistrates upwards.
In particular, experts will be scrutinised more carefully, a move flagged up by Justice Minister Jonathan Djanogly at a Westminster Hall debate on 24 May and reported on this site (Expert testimony to come under scrutiny: 27 June).
Mr Justice Ryder's report says: "The use of experts by the court deserves particular attention because of the time that it takes to undertake an expert assessment or analysis. The court must be adept to scrutinise whether the evidence that is necessary is already before the court and if it is, why further expert assessment or analysis is necessary on the same issues. To do otherwise, where no complaint about the methodology or factual basis of existing evidence is identifiable, suggests that the court is being asked to provide a multi-layered alternative to judicial decision-making which is inappropriate.
"That is not to say that experts are unnecessary, but rather that they are misused and overused. There is a place for independent social work and forensic witnesses to advise on discrete issues which are outside the skill and expertise of the court or to provide an overview of different professional elements in the more complex cases, but regard must be had to why those who are already witnesses before the court have not provided the evidence that is necessary and who should pay for it when it is missing.
"In every case, the judge should be able to say: is your expert necessary, ie to what issue does the evidence go, is it relevant to the ultimate decision, is it proportionate, is the expertise outwith the skill and expertise of the court and those already involved as witnesses by reference to the published and accepted research upon which they can rely and of which the court has knowledge."
The reforms introduced by the judges do not need legislation, but will be introduced in parallel to proposed changes in legislation by the Government.
Mr Justice Ryder was appointed in November following the Family Justice Review, with a brief to make recommendations by the end of July after months of wide-ranging consultation.