Family court experts face new standards test

New national standards designed to raise the quality of expert witness evidence in family court cases and speed up proceedings have now come into effect.

The standards were developed in partnership between the government and the Family Justice Council.

The changes to the family court rules will mean only qualified, experienced and recognised professionals will be able to give evidence as expert witnesses in family proceedings relating to children.

This change follows new law implemented in April 2014 that states that expert evidence will now only be commissioned where a judge considers it necessary to resolve a case justly.

The standards include making sure that the expert has knowledge appropriate to the court case; has been active in the area of work or practice and has sufficient experience of the issues relevant to the case; is either regulated or accredited to a registered body where this is appropriate; has relevant qualifications and has received appropriate training; and complies with safeguarding requirements.

These changes are designed to to ensure court delays are minimised so children and young people do not face unnecessary uncertainty. The government claims that the average time taken for public family law cases has been reduced from 55 weeks in 2011 to 30 weeks in 2014.

Family justice minister, Simon Hughes, said: "We have put children at the heart of the family justice system, reducing delays that can have a harmful impact on them. The new national standards for expert witnesses will make sure that only top quality evidence is presented, as and when the judge deems it necessary. They will help us to make sure cases are resolved as quickly as possible and on the basis of rigorous advice."

Mark Solon, solicitor and director of Bond Solon, commented: "Bond Solon assisted the Family Justice Council during the creation of the new national standards. We think it is vital in this most important area of law that expert witness evidence must be of the highest quality and cases must be dealt with expeditiously.

"As a parallel to what has happened with the CPRs and the Jackson reforms in civil matters, expert evidence will now only be allowed where a judge considers it necessary to resolve a case justly. It's obvious solicitors must now ensure that experts have knowledge appropriate to the case and have sufficient experience of the issues relevant to the case. Due diligence will be vital. Experts must also have received appropriate training."

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