Re S (A Child)


Awaited – Court of Appeal

An authority (in which a local authority was heavily criticized) dealing with perception of bias and flawed assessments in relation to experts.

The two key points were:

(a) the need (where appropriate) to hear a preliminary hearing on evidence prior to instructing an expert where a risk of apparent bias is raised by one of the parties.

(b) how to proceed where an expert report is identified as biased/incurably flawed prior to final hearing. Such reports should be removed from the bundle, not read by future experts or the guardian, and form no part of the evidence before the court.

Some guidance was given on the practical considerations when doing so.

Simon and Stephen acted for the successful appellant, instructed by Platt Halpern Solicitors.

Back to Cases