If a person’s child(ren) has been taken into care and there are care proceedings before the Court, it may be possible to seek permission of the Court to instruct an expert.
By instructing an expert a professional opinion can be obtained from an independent person ie psychiatrist or psychologist as to whether there are any mental health difficulties and whether they may impact upon the ability to parent a child.
Specific questions can be asked of any expert and the expert will do their best to answer these questions by meeting with that particular person, reading the Court papers and by reviewing that person’s medical records. Any report prepared would then be disclosed to the Court and all other parties involved within the proceedings.
It is possible to instruct an expert prior to Court proceedings however, there is often an issue as to who will fund the cost of the expert. If a parent, for example, within care proceedings requires an expert to be instructed, and the Court agrees that the instruction is necessary, then the cost is usually met under the parties legal aid certificates.
If you are involved in care proceedings or have involvement with Social Services in respect of your children, or know of anyone who is, contact our care department at Swain & Co on 02392 492 967 for advice.
The Court have a strict 26 week timetable for care proceedings and therefore any instruction of an expert needs to be made sooner rather than later in order to have the best chance of obtaining the Court’s permission for the instruction to go ahead.
Care Department