Use of Experts within Care Proceedings

Use of Experts within Care Proceedings

Within Care Proceedings, it is often necessary for experts to be instructed to give their expert opinion on a certain issue which has arisen in proceedings. Examples of the types of experts that may be appointed within these proceedings could include, psychologist, psychiatrist, and even a radiologist (non-accidental injury).

The Court will only agree that an expert is instructed if it is necessary to resolve the proceedings justly.

Decisions about evidence should be made early on in the proceedings so that the issues can be narrowed as much as possible from the early stages of proceedings.

When an expert is instructed to give expert evidence, all parties will jointly instruct the expert. The expert has an overriding duty to the Court to provide an expert opinion entirely independent of every party.

What if I don’t agree with the expert report?

If you do not agree with the content of the expert’s report, you will be entitled to respond to the expert’s opinion within your evidence which is filed within the proceedings, or your legal representative will be able to challenge the expert at any contested hearing.

Will I have to pay for the expert?

If the expert has been instructed within proceedings initiated by the Local Authority, you most likely will not be required to pay for the instruction of the expert. If your matter is funded by Legal Aid, your Legal Aid certificate should cover the costs of the instruction of the expert.

How can Duncan Lewis Solicitors help you?

Duncan Lewis Solicitors family law team can advise you about the instruction of an expert and what this will mean for your case. Duncan Lewis Solicitors can assist with applications for expert assessments and liaising with the experts regarding costs, timescales and expertise.

Duncan Lewis is recommended by The Legal 500 legal directory for its specialism in all aspects of family and children law nationwide and cross-border. The Legal 500 applauds our family and child care solicitors to be a team of lawyers that are ‘friendly professionals who take their time to understand your case’. Duncan Lewis team includes Advanced Members of the Law Society’s Family Panel, and members of the Law Society Children.

How will the matter be funded?

Duncan Lewis Solicitors are able to provide free legal aid for these types of applications if you are the subject child, a biological parent or someone with parental responsibility for the subject child. Duncan Lewis Solicitors are also able to potentially provide free legal aid to any other respondent in such an application such as a family member, however such an application maybe means and merit tested. Our Children Law team are able to discuss funding options with you and can assess you for legal aid.

A fixed fee quote or a quote with a legal representative’s hourly rate may also be available for this matter. Potential quotes for such funding will be confirmed with you in advance of any work being undertaken on your matter.

For expert legal advice on all family and childcare matters, contact Duncan Lewis Solicitors on 033 3772 0409.