Restrictions on the use of experts in family courts came into force on 31 January. It is claimed the new measures will enable child care cases are dealt with more quickly and effectively, so children and families are spared unnecessary delays and – significantly – the cost to taxpayers is reduced.
Family courts are now required to restrict expert evidence to that which is "only necessary to resolve the case" and to approve the questions that are to be put to the expert "to ensure they are focused on the determinative issues for the court".
Courts will also have to take account of specified factors before agreeing to expert witnesses reports. In care cases, those factors include the impact on the welfare of the child, the impact on the timetable for proceedings and whether the evidence which is needed is available from another source such as the local authority.
According to the Ministry of Justice, until now multiple reports have been commissioned in many cases which can lead to delays of several weeks. The reports, the MoJ says, are typically commissioned from expert witnesses, for example doctors or specialist psychologists.
Family Justice Minister Lord McNally said: "We are taking action to tackle the unacceptable delays in our family courts. The number of expert reports being commissioned at the moment is far beyond what is actually needed to make a considered decision - and is causing delays which can ultimately harm children.
"The new rules mean expert evidence will only be used where necessary and reports will be commissioned more sensibly and sparingly."
Today's changes are the latest steps in the Government's commitment to ensuring family cases are dealt with within 26 weeks, following a recommendation by the Family Justice Review conducted by David Norgrove.
• Picture: detail from the Karl des Kahlen Bible of c880, depicting the Judgement of Solomon, from a collection of reproductions compiled by the Yorck Project.