Camilla Cavendish
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This morning I got an e-mail from Frank Lockyer, the retired police superintendent and father of Sally Clark. His daughter spent three years in jail for murdering two of her sons, during which time she suffered untold torments. She was exonerated later and released, but she never recovered from her treatment at the hands of the British justice system - a system she had once served as a solicitor. She died in 2007.
Mr Lockyer was writing about a recent decision of the Press Complaints Commission to clear me of a complaint made under clause 1 of the Code of Practice (accuracy) by the paediatrician Professor Sir Roy Meadow. He was villified by the media for evidence he gave at Sally Clark's trial and that of Angela Cannings, another mother who was jailed and subsequently released. Professor Meadow had objected to a comment I had made suggesting that he had gone beyond his remit and given evidence that “led to the jailing of innocent people” - partly by presenting statistical evidence of the likelihood of cot death when he was not a statistician.
He felt that this was misleading, for three main reasons. First, he was only one of several witnesses in these cases; second, appeal judges had played down the importance of his statistical evidence in the Clark ruling, and third, we cannot know how much weight the juries actually gave his evidence.
The PCC decided not to uphold the complaint. It took into account that my views were set out in what it felt was an opinion piece and not presented as indisputable fact - and that Professor Meadow had rejected The Times's offer to print a letter from him, setting out his position. It is not an episode I am proud of - it is sobering for any journalist to be accused of inaccuracy. But that he was supported by other paediatricians in bringing the complaint reflects a continuing gulf between the medical professions and the press over what we should expect of expert witnesses.
Mr Lockyer writes that he would never have complained to the General Medical Council about Professor Meadow if he had apologised or admitted that he might have been mistaken. This is a different question from whether he was made a scapegoat when the courts themselves should have been more sceptical. Mr Lockyer wanted accountability, not revenge. He is concerned about what he considers to be the reluctance of so many members of the Royal College of Paediatrics to admit that evidence might sometimes be wrong.
He is not alone. This week I spoke to a Welsh woman whose son has been forced to go on seeing his father although both she and his school fear that dramatic changes in his behaviour are the result of abuse. An expert psychologist has dismissed their concerns by stating - astonishingly - that teaching in Welsh could cause retardation in some children. Despite there being no apparent research to back this up, the court served a penal notice that means that the mother will go to jail if she attempts to protect her son from unsupervised visits by her ex-partner, who she believes is an abuser. Welsh politicians have expressed outrage - Rhodri Morgan, the First Minister, said last month that he “would not dignify that person with the title of ‘expert'”. But the decision cannot be challenged, even though the expert has refused to indicate what his conclusions were based on.
The worst part of this story is not the expert's “evidence”, or the court's apparent acceptance of it. It is that the court has twice denied the mother the chance to call another expert in her defence. This is a common problem if the letters I get from parents are anything to go by.
After overturning Angela Cannings's conviction in 2003, Lord Justice Judge declared that no one should ever go to prison again solely on the basis of expert witness evidence. The criminal law was changed as a result. But in family courts, many decisions are still made on the basis of evidence from psychiatrists, psychologists or doctors, who often take the view that a mother is unstable, sometimes without cross-examination. Too many family courts are being run by experts, rather than judges.
If the courts are not prepared to challenge “expert” evidence, they should surely allow others to do so. In theory, experts are supposed to be independent professionals who have a duty to help the court to come to the right decision. In practice they are often hired guns, paid by local authorities that choose people they know will be a “safe pair of hands” - people they have used time and time again.
In December the Lord Chancellor and Justice Secretary Jack Straw took the heroic decision to open the family courts to the media and to end the gagging of parents who wish to speak out about their cases. In doing so he has struck a huge blow for justice. But blind faith in experts still poses a problem.
The opening up of the family courts will allow the media to scrutinise experts and their evidence - at least when journalists turn up. But although the Straw reforms will let parties disclose court documents to outside experts without a judge's permission, they will still not be able to call those experts in their defence without the court's say-so. Unless defence lawyers are savvy enough to exploit this, there may still be miscarriages of justice.
It is perhaps not surprising that many experts have an inherent tendency to believe that they are right. That is human nature - although you would expect members of the medical professions to be more conscious of scientific complexity and uncertainty. Courts should be more sceptical. If they will not challenge experts, they must let more parents do so.
Camilla Cavendish won the Paul Foot Award for campaigning journalism for her investigation into injustices in the family courts
Camilla Cavendish has been a McKinsey management consultant, an aid worker, and CEO of a not-for-profit company. She is now a leader writer and columnist on The Times
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We have lost our children too my son has gone to live with his father and our daughter was taken by SS at 12 weeks and is now 6 months all on the basis of "possible" Munchausen's by Proxy syndrome and a violent father this is nonsense why cant the Government help us we have never hurt our children.
Vanessa, Suffolk, England
Paediatric reports are bipolar with positive and negative comments on 'possibilities' not based on medical facts. They are influenced by loaded letters of instruction from biased Guardians who also withhold evidence supporting parents who are not consulted.Guardians then quote all negatives in Court
A.Granda, Manchester,
Camilla Cavendish is a heroine of modern times. I wrote to my MP and got a grudging, spiteful reply fron the Ministry of (in)Justice recognising the campaign waged by the Times and what was being proposed to change the law.
Keith Gibson, DURHAM, UK
i have lost my daughter to ss at 12 weeks, she is now 6 months, when will this nonsense come to an end? why are we depending on balances between probabilities and possibilities to get our children back? when a doctor suspects abuse, he panicks, saves his back, no matter what the consiquences. why?
RO, , wales
Flip the coin. The 'other side's' paediatric expert's Medical Legal Report supported my son's (evidenced) statement reference the assaults suffered by my grandson at his mother's hands. The CAFCASS Officer AND the Family Court judge dismissed the Report AND the conclusive supporting evidence.
CB, , France
I had the same experience- my children were to be given Electric Shock Therapy to force them to see their violent father
These are the Barbaric methods our experts use on the children of the Universe.
All done in secret,so very few know the truth.
Well done Camilla and Times .
PB, London, UK
A real expert will state-
There is no such thing as an expert.
To claim to be one is to claim to be God/Creator.
The only thing being created is misery.
PB, London, UK
One of the most troubling things at the time of the GMC decision was how many experts stood behind him, thinking it could be them next. They always thought they were allowed to say whatever they liked.
http://www.bmj.com/cgi/eletters/331/7508/66-a
And, of course, they still can!
John Stone, London , UK
Admitting they r wrong would be hard for any expert.The woman and Ysgol (anonymous), fear the childs dramatic change in behaviour was due to the fathers abuse.Why should this mothers concerns be dismissed and why on earth should the mother have to get her solicitor to challenge the experts opinon not based on any apparent research. Who's job is it to inform all Welsh educators they are harming some children. .Evidence put before the family court Judges must be scrutinised by others to keep the Family Court system healthy. Anything else is not the truth.
Tracey , Knighton, Wales
Medical opinion is exactly the same as expert medical evidence. Both can be and are frequently wrong. As a parent on the receiving end of an expert medical opinion from a paediatrician that almost ripped my family apart in the last year, I say who's policing the paediatricians?
Suzanne, Leeds,
It's not just the Family Courts that are affected. The "expert" witness in a case of Careless Driving I was involved with told blatant lies and got the accused off.
George, Redcar, UK
Any party to a family case can ask for an expert to be cross examined in court if they are not happy with their written report. The mother of the child mentioned could have asked her solicitor to insist on cross examining the psychologist with the unusual opinion about Welsh teaching.
Phil, Manchester, UK
Why do so many people have blind faith in "experts" such as Al Gore or Barrack Obama? Because with expert testimony we are relieved of the chore of actually thinking ourselves. It's easy and fun.
Jerry, seattle, usa
More excellent campaigning journalism here. The single expert rule arose out of the well-intentioned Woolf reforms of civil justice. When such catastrophic life altering decisions apply in the family courts adversarial sides should be able to provide diversity in expert witness representation.
T Crook, London, UK
"An expert psychologist has dismissed their concerns by stating - astonishingly - that teaching in Welsh could cause retardation in some children." Do I hear or see Welsh labour MP's in the Commons up in arms about this? Eh, no. Apparently they too believe that the Welsh language causes retardation.
Richard England, Leeds, UK
It's an adversarial system. If the jury puts blind faith in ANY witness that's a failure on the part of the opposing barristers.
What about DNA evidence? You yourself are probably amongst the majority who put blind faith in that "one in a billion" statistic without exploring its implications.
Ian Kemmish, Biggleswade, UK
The only true experts are newspaper jounalists and TV presenters
Anthony J, Alton, UK
How do we define an 'expert'? Do other 'experts' do the definition? Always be sceptical.
jen, wirral, uk