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Expert witness changes proposed Expert witness changes proposed
(30 minutes later)
A new centralised system for providing expert medical witnesses to family courts is to be proposed by the chief medical officer for England. The NHS should provide a new service supplying medical experts for family law cases, the chief medical officer for England says.
Sir Liam Donaldson's plans come amid unease about the role of medical witnesses in alleged child abuse cases. Sir Liam Donaldson's proposals come amid unease about the role of medical witnesses in alleged child abuse cases.
Trials of mothers such as Sally Clark, jailed after being wrongly convicted of killing her two sons, have provoked public anger. He has suggested a new centralised system for providing expert medical witnesses to family courts.
And it is believed medical experts have been deterred from giving evidence. He said the new teams would ensure experts were available, as many doctors have been put off by recent cases.
The groups of specialist doctors and other local NHS professionals will come together to improve the quality of the service by introducing mentoring, supervision and peer review.
We need to get the quality right, but we also need to make sure there are enough doctors prepared to take on this sort of work in the future Sir Liam Donaldson, chief medical officer for EnglandWe need to get the quality right, but we also need to make sure there are enough doctors prepared to take on this sort of work in the future Sir Liam Donaldson, chief medical officer for England
Currently, solicitors take responsibility for sourcing expert witnesses.Currently, solicitors take responsibility for sourcing expert witnesses.
But Sir Liam is due to publish a report on Monday outlining proposed new arrangements. But the more structured system, called the National Knowledge Service, has been designed to avoid the risk of reports for the courts being biased by the view of a particular individual, or a lack of expertise.
They would see a more structured system, called the National Knowledge Service, providing a larger pool of expert witnesses as part of the NHS. There would also be standards, aiming to guarantee the quality of work.
There would be new standards, aiming to guarantee the quality of work.
Sir Liam said the number of cases where there were problems with medical evidence were very small, but change was needed - partly because young doctors were now too intimidated to take on the essential work.Sir Liam said the number of cases where there were problems with medical evidence were very small, but change was needed - partly because young doctors were now too intimidated to take on the essential work.
He told BBC Radio 4's Today programme: "It's something that younger doctors don't want to go into for a whole variety of reasons, including the very intimidating atmosphere that they perceive now surrounds this.He told BBC Radio 4's Today programme: "It's something that younger doctors don't want to go into for a whole variety of reasons, including the very intimidating atmosphere that they perceive now surrounds this.
QualityQuality
"So we need to get the quality right, but we also need to make sure there are enough doctors prepared to take on this sort of work in the future."So we need to get the quality right, but we also need to make sure there are enough doctors prepared to take on this sort of work in the future.
"What we want to see is competent medical experts and that's what we're aiming to do with this report. I'm not criticising the existing experts." "What we want to see is competent medical experts and that's what we're aiming to do with this report."
The test of any system would be whether it gives enough incentives for more experts to come forward, and whether courts feel it gives them enough independence. But he stressed: "I'm not criticising the existing experts."
In the case of Mrs Clark, retired paediatrician Professor Sir Roy Meadow was struck off after giving flawed evidence at her 1999 trial. Sir Liam's study was commissioned in 2004, following a number of cases, such as those of Angela Cannings and Sally Clark - both initially convicted and then later cleared on appeal of killing their children - in which evidence given by experts such as Professor Sir Roy Meadow led to convictions which were later ruled unsafe.
He had told a jury there was a "one in 73 million" chance of two children dying from cot deaths in an affluent family. Days after Mrs Cannings walked free from in 2003 the then Solicitor General Harriet Harman announced thousands of care orders in which expert evidence was decisive were to be reviewed under an inquiry which was also examining the convictions of 258 women for murdering their babies over the last decade.
Mrs Clark's conviction was later quashed in the Court of Appeal on grounds unrelated to Sir Roy's evidence. I see this as a positive step forward in working towards the development of a larger pool of experts, within a framework that will also provide quality and cost control Sir Ronald De Witt, chief executive of Her Majesty's Court Service
Sir Roy was struck off the medical register last year after the General Medical Council ruled he had "abused his position as a doctor" in giving the evidence he did.
The doctor won a High Court appeal against the GMC ruling earlier this year, but the medical body last week won its appeal against blanket immunity for expert witnesses.
Care Services Minister Ivan Lewis said the proposed changes were important.
"For the sake of the vulnerable children and families whose future depends on legal judgements, we must secure the best possible medical expertise."
Sir Ronald De Witt, chief executive of Her Majesty's Court Service, said: "I welcome the report's overall objective to improve the quality and supply of medical expert witnesses provided to the family courts.
"I see this as a positive step forward in working towards the development of a larger pool of experts, within a framework that will also provide quality and cost control."