AV (A Child) (Expert Report)

AV (A Child) (Expert Report)

The judge erred in concluding that the expertise of the social worker and guardian was sufficient to address the complex impact of trauma and loss on the child; only an experienced child psychiatrist can provide the necessary expert opinion to assist the court in resolving the proceedings justly; the proposed assessment is not speculative but necessary for a welfare analysis.

Parties
Appellant: A Mother; Respondent: A Local Authority; Respondent: A Father; Respondent: AV (by his Children’s Guardian)
Jurisdiction
England and Wales
Judgment Date
05 March 2020
Procedural Posture
Appeal / Appeal Against Refusal of Permission to Instruct Expert Witness in Care Proceedings
Outcome
Appeal allowed
Legal Topics
Expert Evidence, Care Proceedings, Adoption, Child Protection, Case Management
Family Law Child Welfare Expert Evidence Care Proceedings Adoption Child Protection Case Management

Case Brief

Summary, issues, holding and outcome

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Parties

A Mother

Appellant

A Local Authority

Respondent

A Father

Respondent

AV (by his Children’s Guardian)

Respondent

Procedural Posture

Appeal / Appeal Against Refusal of Permission to Instruct Expert Witness in Care Proceedings

Legal Issues

  1. 1 Whether permission should be granted for the instruction of a child psychiatrist as an expert witness in care proceedings
  2. 2 Whether the social worker and guardian have sufficient expertise to address the impact of trauma and loss on the child
  3. 3 Whether expert evidence is necessary under s.13 of the Children and Families Act 2014

Ratio Decidendi

The judge erred in concluding that the expertise of the social worker and guardian was sufficient to address the complex impact of trauma and loss on the child; only an experienced child psychiatrist can provide the necessary expert opinion to assist the court in resolving the proceedings justly; the proposed assessment is not speculative but necessary for a welfare analysis.

Court Disposition

Appeal allowed

Orders

  • Permission granted for the instruction of a child psychiatrist (Dr Newman) as an expert witness in care proceedings