Research published on 6 June by Cafcass – the Children and Family Court Advisory and Support Service – indicates that the instruction of expert witnesses in cases involving care applications in family courts is decreasing. Experts were instructed in 70% of the cases in a study sample, in contrast to a study concluded in 2009, which found that experts were instructed in 92% of cases.
According to the report, the findings are in line with recommendations in the Family Justice Review, published in 2011, which acknowledged the positive contribution of expert evidence, but identified a “…trend towards an increasing and…unjustified use of expert witness reports, with consequent delay for children”.
While the study found that fewer experts were instructed in the sample cases than had been found in previous research, a survey of Cafcass Children’s Guardians found they felt that those who were instructed were beneficial to cases, rating 88% of expert witnesses as ‘overall beneficial’.
Cafcass chief executive Anthony Douglas said: “Cafcass’s research yet again shows that the family justice system is responding to the Government-approved recommendations made by the Family Justice Review, even before legislation has been put in place. At a time where scarce resources must be directed to the right areas, we agree with the Family Justice Board that the use of expert witnesses should be limited to cases in which they are absolutely necessary, in accordance with the latest Practice Direction from the President and emerging case law.
“Cafcass Guardians have found the input that experts have in their cases to be really helpful. The right expert can offer unique insight and value about a child’s needs. In such cases, Cafcass Guardians said that the evidence offered by expert witnesses has increased the speed of proceedings.
“We know the negative impact that delay has on children and Cafcass will continue to work with agencies in the family justice system to ensure that experts are only commissioned where additional expertise to that of the social worker and Children’s Guardian is required.”
The survey found that adult psychologists were the most commonly instructed type of expert, accounting for 30% of all the experts instructed in the sample cases. Adult psychiatrists were next, comprising 20% of all the experts instructed. Together they accounted for half of all experts instructed in the care cases that made up the sample. Child psychologists and psychiatrists made up 10% of all the experts instructed and paediatricians 6%.
Independent social workers accounted for 7% of all the experts and were instructed in 9% of all the sample cases, demonstrating that there has been a substantial reduction in their instruction in recent years – a review of public law cases which concluded in 2009 found they were instructed in 33% of cases.