The position of parents using experts in care proceedings: A failure of ‘partnership’?

Abstract

This article focuses on the position of parents in care proceedings following the Children Act 1989. It examines the process of expert evidence accumulation and demonstrates that this process has disadvantages for parents. Through an examination of the views of the guardian ad litem, it locates many of the problems experienced by parents, first, in the quality of legal representation many receive; secondly, in their subordinate position in the process of evidence accumulation; and thirdly, in the subsequent instruction of certain experts frequently commissioned on their behalf. In the absence of attention to the position of parents, attempts to reduce the number of experts in proceedings may well exacerbate many of the problems identified. This is likely to have adverse consequences not only on the effectiveness of the guardian but also on the willingness of parents to work in ‘partnership’ with local authorities in the implementation of a care plan.

Key Words:

• expert evidence
• care proceedings
• parents
• guardians ad litem