Instruction of experts: prior authority.

Harris, Alexandra Conroy

A Local Authority v DS [2012]

High Court (Family Division) President of the Family Division

31 May 2012 [2012] EWHC 1442 (Fam)

D was a 16-month-old baby living in a mother and baby foster placement under an interim care order. In the course of proceedings an order was made that an independent social worker be instructed jointly by the parties to carry out a parenting assessment. The usual direction was given that this would be a 'reasonable and necessary disbursement on the certificates of the publicly funded parties'. The Legal Services Commission (LSC) refused to give prior authority for the instruction of the ISW because her charges were 50 [pounds sterling] per hour, against the LSC's funding limit of 30 [pounds sterling]. The LSC declined to use their discretion to pay at a higher rate and the case stalled for five months. The President gives guidance for applying for prior authority in these circumstances, in particular highlighting the need to avoid the instruction of an expert causing delay. He sets out a suggested form of order, including the recital that the proposed assessment is vital to the resolution of the case and that the case is exceptional. He also stresses the need to provide reasons for the instruction of the experts and for the LSC to provide reasons for any refusal.

Alexandra Conroy Harris, BAAF's Legal Consultant, prepared these notes