Family Court Experts & Covid-19 Restrictions

As we all get used to using different ways of communication to ensure social distancing and avoid the spread of the Covid-19 virus, the Family courts also face consideration of whether assessments by independent experts can and should be carried out remotely.

When faced with an application to instruct an expert, the Court must always consider if such an assessment is necessary and proportionate in order to assist the Court in its’ decision making regarding the future care of the child. The court also needs to consider if the information can be obtained from other sources.

Covid-19 and Experts in the Family Court

Since the Covid-19 restrictions, the Family court has been asked to grant permission for independent experts to carry out assessments of adults as well as children using remote platforms i.e. Skype , Whatsapp and Zoom. Some experts have readily offered and embraced this remote way of working as a solution to the problem of no face to face assessments. Others have been clear that there are restrictions in what can be assessed in this way i.e. no cognitive assessments of children. Other experts have said that it is not possible to carry out the assessments requested remotely.

Family Court Expert Delay

Inevitably, there is a delay beyond the 3 month rule to complete the assessment as independent experts fill up their books with remote assessments or longer still, the waiting list for face to face assessments when it is hoped that social distancing and lockdown restrictions will be lifted even further.

So where does that leave the court and the parties as far as the information and professional opinion contained within those reports? Can they truly be used by the court to assist in planning the future of children? There are likely to be large gaps if the expert has been unable to observe contact, assess attachments or carry out cognitive assessments face to face. Until the report is available it is unclear as to what gaps need to be filled so that clear care plans can be formulated.

As yet there is no guidance from the President about the instruction of experts during this time. Courts and lawyers are doing the best they can, but need to be clear that the expert report may not provide all of the information usually expected to assist with planning a child’s future.

Tessa Dunleavy
May 2020