Monday 29 April 2013

Experts in family cases:

CW v SG [2013] EWHC 854 (Fam)

Application by mother for an order terminating father's parental responsibility and by father for a specific issues order requiring the mother to supply annual reports on child's progress. Mother's application granted, father's dismissed and consequential directions given. Mr Justice Jonathan Baker had this to say about the psychologist in para 50. 
'In light of my findings about those matters I turn to consider the evidence of XX I listened to that evidence with increasing concern. I regret to say that I have found his opinions naïve, complacent, unreliable and at times misleading. His reluctance to accept the convictions as the factual basis for his assessment was a dereliction of his duty as an expert witness. His statement in his report that there was no evidence of any "deviations" was simply untenable given the existence of the convictions for ten offences of sexual abuse. His various statements about paedophiles quoted above runs contrary to all the understanding about the dangerous and deceitful behaviour of paedophiles which this court has come across many times over the years. His assessment of risk was, in my view, worthless, and I reject it. '

This case is interesting as a restatement of the duties of an expert and an example of how badly experts can get it wrong.

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