The President of the Family Courts Division, Sir Nicolas Wall, has determined (in the case of RE X, Y, Z (Children) and Brian Morgan v A Local Authority [2011] EWHC 1157 (Fam)) that doctors who act as independent experts shall not be entitled to anonymity in family law cases, save when a child (or by natural extension a vulnerable person) may inadvertently be identified by the publication of a report or the clinical expert’s name. The President reinforced the need for the courts to move to more open and transparent proceedings in the family division, so that the public and the press could understand the important work that it undertakes.
The decision about any ban on publication and the anonymity of experts will rest with the judge that is considering a particular case, Sir Nicolas Wall P, observed. He also expressed a hope that the press would always report court matters in a balanced way.
There has been a history of villification of doctors who have under or over reported aspects relating to child abuse and child welfare decision making processes, which is why the issue has been such an important topic for doctors who act as experts.
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[Article by Doctors Defence Service 20 May 2011]
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