AV (A Child) (Expert Report) [2020] EWCA Civ 346 (05 March 2020)

AV (A Child) (Expert Report) [2020] EWCA Civ 346 (05 March 2020)

The judge erred in concluding that expert psychiatric evidence was unnecessary; given the exceptional trauma and complexity of A's circumstances, only a child psychiatrist could provide the necessary expert opinion on the likely impact of trauma and loss on future placement options. The evidence of the social worker and guardian was insufficient for this purpose. The appeal is allowed and permission for the instruction of the expert is granted.

Citation
[2020] EWCA Civ 346
Parties
Appellant: A Mother; First Respondent: A Local Authority; Second Respondent: A Father; Third Respondent: AV (by his Children's Guardian)
Jurisdiction
England and Wales
Judgment Date
05 March 2020
Procedural Posture
Appeal From Family Court (care Proceedings) / Appeal Against Refusal to Permit Instruction of Expert Witness
Outcome
Appeal allowed
Legal Topics
Care Proceedings, Expert Evidence, Children Act 1989, Adoption and Children Act 2002, Children and Families Act 2014
Family Law Child Law Care Proceedings Expert Evidence Children Act 1989 Adoption and Children Act 2002 Children and Families Act 2014

Case Brief

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Parties

A Mother

Appellant

A Local Authority

First Respondent

A Father

Second Respondent

AV (by his Children's Guardian)

Third Respondent

Procedural Posture

Appeal From Family Court (care Proceedings) / Appeal Against Refusal to Permit Instruction of Expert Witness

Legal Issues

  1. 1 Whether the judge erred in refusing permission for a child psychiatrist to be instructed as an expert witness in care proceedings concerning placement of a traumatised child.

Ratio Decidendi

The judge erred in concluding that expert psychiatric evidence was unnecessary; given the exceptional trauma and complexity of A's circumstances, only a child psychiatrist could provide the necessary expert opinion on the likely impact of trauma and loss on future placement options. The evidence of the social worker and guardian was insufficient for this purpose. The appeal is allowed and permission for the instruction of the expert is granted.

Court Disposition

Appeal allowed

Orders

  • Permission granted for the instruction of a child psychiatrist as an expert witness in the care proceedings.